Shi Kansheng v The Yew Chian

• Court: District Court (Singapore)
• Judge: Suriakumari d/o Sidambaram
• Judgment Date: 03 June 2000
• Neutral Citation: [2000] SGDC 21
• Citation: [2000] SGDC 21
• Published date: 19 September 2003

Judgment

GROUNDS OF DECISION

A. The Facts

1. The parties were married on 18 June 1994 at the Singapore Marriage Registry and have a son, S born on 17 March 1998. The Decree Nisi was granted on 9 July 1999 based on the ground that the marriage had irretrievably broken down due to the unreasonable behaviour of both the Petitioner and the Respondent. The ancillary issues of custody, maintenance and division of the matrimonial property were adjourned to be heard in chambers. The hearing of these issues came up for hearing before me on 22 March 2000.

2. After having read the several Affidavits filed by both parties and having heard the submissions of their respective counsel, I made the following orders, namely:

(1) Custody of the child S (m) born on 17.3.98 to the Respondent with reasonable access to the Petitioner on Saturdays and Sundays from 2 pm to 6 pm.

Petitioner is not to bring the child out of Singapore without written consent from the Respondent.

(2) Existing Maintenance Order for $525 per month for the child to continue.

(3) Petitioner to pay maintenance to Respondent in the sum of $1 per month.

(4) The matrimonial flat at [address], to be sold in the open market and upon deduction of the outstanding HDB mortgage loan, reimbursement of the CPF monies utilised by Petitioner and Respondent towards the purchase of the flat including interest to their respective CPF accounts and deduction of the costs and of incidental to the sale, the nett sale proceeds to be divided equally between Petitioner and Respondent .

(5) In respect of the Petitioner’s claim for a share of the sale proceeds of the car SCK 687 A, DBS shares owned by Respondent and the diamond ring, the Respondent to pay the Petitioner the sum of $8075.23 and 2570 DHL.

(6) In respect of Respondent’s claim for a share of the Petitioner’s DBS shares, and the OCBC fixed deposit account No. 554-516-021-501, the Petitioner is to pay Respondent the sum of $18,544.

(7) There be no orders in respect of the jewellery, the Kim Yam Mansion and the Balestier Point Apartment.

3. The Respondent being dissatisfied with the part of the decision in respect of maintenance for the Petitioner and the child, and division of the following matrimonial assets, appeals against those orders, and applies for a further order in respect of access to the child. He wants the following orders:

(a) that he be given access to the child at the void deck of the child’s place of residence;

(b) that there be no order for maintenance of the Petitioner and the child;

(c) that the sale proceeds of the motorcar SCK 687A be divided between the Petitioner and Respondent in the proportion of 90:10 in favour of the Petitioner;

(d) that there be no division of the sale proceeds of the Respondent’s DBS shares;

(e) that the diamond ring be divided in the proportion of 50:50 between the Petitioner and the Respondent;

(f) that there be no order as to the division of the sale proceeds of the Petitioner’s DBS shares and the monies in the OCBC fixed deposit account number 554-516021-501 or the Petitioner not be given any share thereof; and

(g) that he be given 25% of the market value of the Kim Yam Mansion apartment.

This Grounds of Decision will therefore only address the issues raised by the Accused in his appeal.

B. The Findings

(a) Access

4. Having granted the custody of the child S (m) born on 17.3.98, aged 2 years as at the date of the hearing, to the Respondent, I ordered that the Petitioner shall have reasonable access to the child on Saturdays and Sundays from 2 pm to 6 pm. I further ordered that the Petitioner is not to bring the child out of Singapore without written consent from the Respondent. The Petitioner is not appealing against these orders.

5. The Petitioner only applies that there be a further order that his access to the child take place at the void deck...