Content
NA-33-13-02/2025 Kand. 32 24/06/2026 11:39:29 IN THE HIGH COURT OF MALAYA AT SEREMBAN IN THE STATE OF NEGERI SEMBILAN, MALAYSIA (FAMILY DIVISION) DIVORCE PETITION No. NA-33-13-02/2025 BETWEEN USHARANI A/P PERUMAL [NRIC No. 641231-05-5050] ... PETITIONER AND KUMAREN A/L APPU [NOW KNOWN AS MOHD NAIM BIN ABDULLAH NRIC No. 610713-06-5321] ... RESPONDENT DECISION [1] In the divorce proceedings between the Petitioner and the Respondent, now known as Mohd Naim Bin Abdullah, the Petitioner is seeking for an order for the Respondent to pay monthly maintenance in the sum of RM1,500.00. There is also an issue with regards to the matrimonial property - the Petitioner prays for the Respondent's entire right, title, and interest be transferred to her. The Respondent on the other hand submits that the property should be sold and the net proceeds sub-divided, proposing a ratio of 30% for the Petitioner and 70% for himself. The Marriage [2] The parties were married on 22.1.1986 and the marriage was registered at Jabatan Pendaftaran Negeri Sembilan. They have two children from the marriage, both of whom are now adults. The matrimonial home located at 50 Jalan Bukit Blossom 10, Taman Bunga Blossom, Seremban was acquired during the marriage. [3] The Petitioner claims she paid RM10,000.00 downpayment for the property. She also asserts that she maintained and renovated the home using her own resources, including her savings, jewelry and EPF withdrawals, while the Respondent provided no financial assistance for upkeep after leaving her, the family and the matrimonial home. According to the Petitioner, she had struggled using her own resources for nearly 27 years after the Respondent left in 1998. [4] The marriage effectively ended in 1998 when the Respondent left the matrimonial home and never resumed married life with the Petitioner. Subsequent to leaving, the Respondent converted to Islam (adopting the name Mohd Naim bin Abullah) and married another woman. [5] The Petitioner is now 63 years old, and she suffers from health issues including rheumatism, arthritis, and high blood pressure since 2017 which limit her earning capacity. From the cause papers, the Petitioner was unemployed and supported by her parents after the Respondent left - that would be from 1998-2001. She was thereafter employed at Seri Mawar Transport Services Sdn Bhd from 2001 to 2015. After this employment, she worked part-time at a center for special needs children from 2015 to 2017. She claims she is no longer receiving job offers due to her age but continues to perform occasional part-time work in tailoring and catering services. [6] The Respondent, on the other hand, is the owner and director of Naim Security and owns his own separate property. He was formerly employed in the police force. The housing loan installments were deducted from his salary during that time. Nonetheless, those deductions were stopped when he left the force. The timelines of these were not adduced. No documentary proof to show the Respondent had and has been servicing the loan were produced. On the balance of the outstanding loan, the Respondent asserts it is approximately RM40,000.00. But no bank statements or receipts or any other document was produced to corroborate this contended arrears amount. The Respondent alleges the property was at risk of auction due to non-payment. Other than the mere contention, there is no corroboration to the fact. The Petitioner has never received any notices of default or foreclosure addressed to the matrimonial home. [7] After the Respondent left in 1998, the Petitioner collected rent from the property and used the proceeds as a substitute for maintenance. During the oral submissions, this Court was informed that the property may be where she returns to stay now that her son is married and is starting a family. Divorce [8] Considering that facts and circumstances in this case, the marriage has irretrievably broken down many years ago back in -1998. With the Respondent converting to Islam and now having his own new family, there does not seem to be any way both parties can resuscitate the marriage. Moreover, there is no intention to do so expressed by either party. [9] This Court considered the case law relied by the Petitioner in HAL v HAS [2024] 11 MLJ 309 in which the High Court considered a divorce petition arising in the context of conversion to Islam. The Court held that once it was evident that the marriage had irretrievably broken down, further delay was unnecessary and the decree nisi was made absolute immediately. [10] Thus, this Court grants an order for a dissolution of the marriage. A decree nisi absolute is granted with immediate effect. There is no order as to the custody and care of the children as a result of their marriage as they are now adults. Maintenance [11] These proceedings are governed by the Law Reform (marriage and Divorce) Act 1976 (LRA 1976). The dissolution of marriage when one party has converted to Islam is under section 51 LRA 1976. The law under section 77 LRA 1976 empowers this Court to order the Respondent to pay maintenance to his wife or former wife during or after matrimonial proceedings. The Petitioner is seeking an order for maintenance in the sum of RM1,500.00 per month. [12] As provided for under section 78 LRA 1976, this Court sets out to evaluate the financial positions, earning capacities and basic requirements of both parties. The objective is often to place the wife in a position to enjoy a standard of living reasonably consistent with that experienced during the marriage. Malaysian authorities establish that a wife's income or ability to work does not automatically disentitles her to maintenance, especially if she was forced to work due to the husband's neglect. It is the considered conclusion of this Court that the Petitioner is entitled to maintenance regardless of whether her part-time work is permanent. The Respondent's argument that the Petitioner is a working-class woman. The following also forms part of this Court's consideration: