Khor Bee Im v Wong Tee Kee
Jurisdiction | Singapore |
Judgment Date | 15 January 2002 |
Date | 15 January 2002 |
Docket Number | Divorce Petition No 1260 of 1987 |
Court | High Court (Singapore) |
[2002] SGHC 7
SRajendran J
Divorce Petition No 1260 of 1987 (Summons in Chambers No 602390 of 2001)
High Court
Family Law–Child–Name–Change of surname–Whether compelling reasons existing for change–Effect on and wishes of child–Best interest of child
The wife (“Khor”) and the husband (“Wong”) had a child named Huang ZhiGang (“ZhiGang”). When ZhiGang was about eight months old, the husband left the matrimonial home leaving ZhiGang in the care of the wife.
The parties divorced and custody of ZhiGang was granted to the wife who later married one Eng. The wife then changed ZhiGang's surname from “Huang” to “Eng” by deed poll. When ZhiGang's father found out, he applied for an order that the deed poll be declared void.
Held, dismissing the application:
(1) In determining whether the application should be granted, the issue was whether any compelling reasons existed for the court to condone the change of surname. Further, consideration was to be given to the effect on the child should the application be granted, and his wishes where he was sufficiently mature: at [12] and [13].
(2) ZhiGang was already 17 years old and had been known as “Eng ZhiGang” since he was seven. Further, he had no rapport with his father and had no desire to revert to the name “Huang ZhiGang”. Hence, considerable difficulties and embarrassment would befall him if the court were to grant the application. As this would not be in his interest, the application was dismissed: at [13] and [14].
L v L [1996] 2 SLR (R) 529; [1997] 1 SLR 222 (distd)
Women's Charter (Cap 353, 1997 Rev Ed) s 118
Lin Shiu Yi (Hoh & Partners) for the applicant/respondent (father)
Geralyn Danker (Leong Goh Danker & Subra) for the petitioner (mother).
Judgment reserved.
S Rajendran J1 Khor Bee Im (“Mdm Khor”) and Wong Tee Kee (“Wong”) were married in February 1983 and a child - Huang ZhiGang - was born in May 1984. In January 1985 - when ZhiGang was about eight months old - the husband (Wong) left the matrimonial home, leaving ZhiGang in the care of his wife (Mdm Khor).
2 In 1987, Mdm Khor petitioned for divorce. The petition was not contested and a decree nisi was granted on 8 March 1988 dissolving the marriage and granting custody of ZhiGang to Mdm Khor with reasonable access to Wong. After the decree nisi became absolute, Mdm Khor met her present husband, Eng Pang Wee (“Eng”) and the couple were married in 1989.
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