PETALING JAYA: A paralysed wife whose husband abandoned her and moved in with another woman has been awarded RM50,000 in damages against the woman for adultery.
Justice Johan Lee granted the divorce after finding that the husband’s affair, domestic violence and abandonment of his severely ill wife were the “true and primary catalysts” for the breakdown of their marriage.
In his 47-page judgment, Johan said the woman, named in the petition as the second respondent, had not exercised moral restraint, and had actively drawn the husband away from his wife, employed him, cohabited with him and flaunted their relationship during overseas holiday trips.
“Having regard to the aggravated injury inflicted upon the petitioner’s dignity, this court awards damages for adultery against the second respondent in the sum of RM50,000, to be paid directly to the petitioner under Section 58 of the Law Reform
(Marriage and Divorce) Act 1976,” he said.
The judge found that the adultery had been established on a balance of probabilities through WhatsApp messages, travel records and evidence that the husband and the woman had stayed together.
The wife suffers from spinocerebellar ataxia, a progressive and incurable neurological disease that has left her bedridden, paralysed and unable to speak.
Her mother represented her in the divorce proceedings.
In a poignant moment recorded in the judgment, the mother was asked why her daughter needed maintenance.
Her reply was: “Sebab dia nak hidup.” (“Because she wants to live.”)
Johan said the wife required continuous medical supplies, specialised adult diapers, physiotherapy and assisted transport.
He ordered the husband to pay RM1,500 monthly towards her palliative care throughout her lifetime.
The husband was also ordered to pay RM400 monthly towards the upkeep of their 11-year-old daughter at a care centre, deposit another RM300 monthly into the girl’s savings account, and bear all her educational fees and medical expenses until she completes tertiary education.
The daughter’s care and control were placed with the care centre and her mother. Overnight access was refused, while supervised daytime visits by both parents were made subject to the child’s consent and the centre’s approval.
The husband was further ordered to pay the wife RM340,000, representing half the value of their matrimonial home, which the court assessed at RM680,000.
The judge rejected the husband’s challenge to the mother’s role as her daughter’s litigation representative, stressing the need to facilitate access to justice for people with severe disabilities.
Although the court noted evidence of the wife’s own shortcomings during the marriage, it found that the husband’s misconduct was the primary cause of the breakdown.
The divorce was granted with immediate effect. The respondents were also ordered to pay RM50,000 in costs.