Moses v Moses

• Jurisdiction: Singapore
• Judgment Date: 31 October 1967
• Date: 31 October 1967
• Docket Number: Divorce No 108 of 1967
• Court: High Court (Singapore)

Moses

Plaintiff

and

Moses

Defendant

[1967] SGHC 21

A V Winslow J

Divorce No 108 of 1967

High Court

Family Law–Divorce–Reconciliation–Defences to divorce petition–Sections 84 (1) (e), 84 (2) (g) and 86 (2) Women's Charter 1961 (No 18 of 1961)

The petitioner prayed that his marriage be dissolved under s 84 (1) (e) of the Women's Charter 1961 (No 18 of 1961) (“the Women's Charter”) on the ground that his wife had lived separately from him for a period of not less than seven years immediately preceding the presentation of the petition and was unlikely to be reconciled with him. The respondent challenged the petition on the grounds that the petitioner had been a party at fault for having neglected, failed or refused to make efforts to effect a reconciliation with her.

Held, allowing the petition:

(1) The Women's Charter did not contain any provision empowering the court to dismiss a petition if, in the opinion of the court, the petitioner has been guilty of neglect, failure or refusal to make efforts to effect a reconciliation with the respondent. If that had been the intention of the Legislature, steps would have been taken to include such a provision: at [5] and [6].

(2) No question of fault on the part of the petitioner entered into the picture at all. Consequently, no such neglect, failure or refusal on his part was a reasonable answer or a countercharge or an allegation in defence to a petition: at [7].

Women's Charter 1961 (No 18 of 1961) ss 84 (1) (e), 84 (2) (g), 86 (2) (consd)

Women's Charter (Amendment) Act 1967 (Act 9 of 1967)

Matrimonial Proceedings Act 1963 (NZ) s 21

N A Christopher (N A Christopher) for the petitioner

Freddy Yin Ee Kheng (Freddy Yin Ee Kheng) for the respondent.

A V Winslow J

1 The question of law which I have been asked to determine in these proceedings is:

Whether, in a petition for divorce under s 84 (1) (e) of the Women's Charter 1961 (No 18 of 1961) the neglect, failure or refusal of the petitioner to have made efforts to effect a reconciliation with the respondent, is (1) a reasonable answer or (2) a countercharge or (3) an allegation in defence to the petition?

2 The petitioner, who is the husband in this case, prays that his marriage may be dissolved under s 84 (1) (e)of the Women's Charter on the ground that his wife “has lived separately from the petitioner for a period of not less than seven years immediately preceding the presentation of the petition and is unlikely to be...