Chua Kay Meng v Tan Siew Ling

• Jurisdiction: Singapore
• Court: District Court (Singapore)
• Judge: Koh Juat Jong
• Judgment Date: 04 May 2000
• Neutral Citation: [2000] SGDC 15
• Citation: [2000] SGDC 15
• Published date: 19 September 2003

Judgment

GROUNDS OF DECISION

Background

1 The parties were married on 27 February 1992. They have two children born in 1994 and 1996 respectively. The parties obtained a decree nisi to dissolve their marriage on 13 November 1997 based on the uncontested cross-petition of the wife. The cross-petition cited the unreasonable behaviour of the husband. On 11 September 1998, the following orders of court in respect of ancillary matters were made by consent:

(a) the custody, care and control of the children shall be granted to the wife with reasonable access to the husband;

(b) the husband shall transfer all his rights, title and interest in the matrimonial flat at Woodlands to the wife upon which the wife shall pay to the husband 60% of the market valuation price. The husband shall then make repayments to his CPF account on the monies earlier withdrawn for the purchase of the said flat. The costs and expenses for the transfer of the flat shall be borne by the parties in the proportion of 60 : 40 to the husband and the wife respectively;

(c) the husband shall pay the monthly maintenance of $1,300 to the wife being maintenance for the wife and children of the marriage.

2 On 1 December 1999, the husband filed a summons-in-chambers (SIC) seeking the following:

(a) to fix the access hours in respect of his access to the children;

(b) to reduce the maintenance payable by him to $300 for the months from December 1999 to February 2000 and thereafter to $500; and

(c) to sell the matrimonial flat in the open market after March 2000 and the proceeds of sale after deduction for the housing loan, legal and other expenses, be divided between the Petitioner and the Respondent in the proportion of 70 : 30.

3 The SIC came before me for hearing and I fixed the access hours and dismissed the application to reduce the maintenance. There was no appeal on these matters. I also made the following orders in respect of the matrimonial flat:

(1) the wife shall by 14/5/2000 do the following:-

(a) present to the husband the necessary papers from the HDB certifying that she is eligible to take over the flat upon a transfer of the husband’s share of the flat to her and

(b) make the necessary application to the HDB for the transfer;

(2) all the monthly instalments due to the HDB from 11/9/98 shall be borne by the wife in that

(a) the wife shall henceforth pay all future instalments and

(b) the instalments from 11/9/98 paid by the husband shall be repaid by the wife to the husband’s CPF account with accrued interest at the time of the transfer;

(3) if the wife shall fail to so act as per paragraph (1), or if the wife is unable to complete the transfer for whatever reason by 14/8/2000, the husband shall have the option to require the wife to transfer her share in the flat to him upon paying the wife :

(a) 40% of the market valuation price less

(b) the amount of outstanding loan less

(c) the instalments from 11/9/98 to date which had been paid by the husband.

(4) if the husband shall fail to inform the wife in writing that he will be exercising the option within 1 month after 14/5/00, or after 14/8/00, as the case may be, the flat shall be sold in the open marked and 60% of the purchase price after deducting the necessary costs and expenses for sale shall be paid to the husband, and the balance after repayment of the outstanding loan to the wife. The husband shall...