Read the full judgment text of FCMC 268/2018 on BabelCite. This Family Court judgment was delivered on 28 December 2018 before 陳振國法官.
Matrimonial Proceedings – Maintenance Pending Suit – Matrimonial Proceedings and Property Ordinance (Cap 192) s.3 – Financial Circumstances – Cancer – Unemployment – Application Dismissed. The Petitioner (Wife) and Respondent (Husband) were married in 2012 and have no children. The Wife petitioned for divorce in January 2018 on the grounds of separation for over two years. The Husband filed an application for maintenance pending suit in August 2018. The Court conducted a hearing on written submissions. The Court noted that the Wife is 55 years old and suffers from Stage 4 stomach cancer, requiring chemotherapy, and has been unemployed since November 2017. She owns two properties, one in Kowloon and one in Shenzhen, but faces significant medical expenses and debt. The Husband is 54 years old and claims to be unemployed since February 2017, having lost clients in network communications. He holds some bank deposits and investments. The Court found that while the Wife has assets, her medical condition and expenses limit her ability to pay maintenance. The Court also found that the Husband, despite his age, has qualifications and no serious illness, suggesting he could find work. The Court concluded that it was not appropriate to grant maintenance pending suit at this stage. The Husband's application was dismissed. The Wife's assets include a Kowloon property valued at HK$6,500,000 and a Shenzhen property valued at HK$1,000,000. She has bank deposits of HK$52,230 and owes HK$400,000 for medical expenses. Her monthly expenses are approximately HK$18,000 including medical costs. The Husband's assets include bank deposits of HK$27,098 and investments of HK$22,521. His monthly expenses are HK$7,580. The Court accepted the Wife's medical evidence and the Husband's lack of clear explanation for unemployment. The Court noted the Husband has qualifications including tour guide and security licenses.
Legal issues: Maintenance Pending Suit Application
Outcome: Application for maintenance pending suit dismissed