Read the full judgment text of FCMC 10996/2017 on BabelCite. This Family Court judgment was delivered on 24 April 2018 before 陳玉芬.
Divorce – Leave to Appeal – District Court – Irretrievable Breakdown – Delay – Mental Illness – Costs – Leave refused – No costs order – Petitioner filed for divorce citing Respondent's behavior – Respondent delayed filing defense for five months – Respondent applied to set aside Judicial Commissioner's certificate day before decree nisi – Respondent claimed mental illness without evidence – Court found delay unjustified and lack of defense due to Respondent's choices – Court held marriage irretrievably broken down as Respondent did not know Petitioner's address – Leave to appeal refused under Rule 63A(2) District Court Rules – No order as to costs
Legal issues: Standard for granting leave to appeal · Whether delay and lack of defense justify setting aside certificate · Whether ignorance of address proves irretrievable breakdown
Outcome: Leave to appeal refused.
Cites 2 cases