In a landmark ruling, a 38-year-old woman was ordered by the High Court to pay RM200,000 in damages to a housewife for destroying a marriage that lasted 50 years.
The decision highlights the legal consequences of infidelity and the emotional toll it takes on families.
Husband ordered to pay spousal maintenance
According to FMT, Justice Evrol Mariette Peters directed the 74-year-old husband, found guilty of adultery, to pay RM205,000 in spousal maintenance to his 72-year-old wife.
While the husband denied the allegations, claiming he suffered from erectile dysfunction (ED), the court rejected his defence due to a lack of supporting evidence.
Throughout the trial, he claimed that his ED caused a complete cessation of sexual relations with his wife and made it impossible for him to engage in an affair,” Peters stated.
However, no medical reports or expert testimony were provided to back his claim.
Evidence of adultery and IVF attempts
The court concluded that strong circumstantial evidence pointed to an affair between the husband, identified as PAI, and the mistress, anonymised as KAI.
Evidence included shared residences, overnight stays, accommodation in Singapore, and attempts to conceive a child via in vitro fertilisation (IVF).
The husband argued that IVF was pursued due to his inability to conceive naturally, but the judge dismissed this, stating, “The inability to father a child does not automatically mean the inability to engage in sexual intercourse.”
Mistress held accountable
Justice Peters ordered the mistress to pay RM100,000 in legal costs to the wife, citing her active role in destabilising the marriage.
By continuing the relationship, the mistress showed complete indifference to the wife’s emotional well-being,” the judge said.
Emails revealed that the mistress had encouraged the husband to divorce his wife. The mistress’s attempts to conceive a child with the husband were seen as efforts to create a permanent bond.
Equal division of matrimonial assets
The couple’s assets were divided equally, with the judge acknowledging the wife’s sacrifices.
Despite holding a diploma in business studies, she gave up her career to raise six children and support three grandchildren.
Her dedication to the family and care for her husband during his illnesses were key considerations,” Peters stated.
The wife filed for judicial separation in October 2022, a month after the husband confessed to the affair.
She sought spousal maintenance and half of the matrimonial assets, along with holding the mistress accountable.
READ ALSO:
