Read the full judgment text of FCMC 11862/2021 on BabelCite. This Family Court judgment was delivered on 20 October 2023 before Deputy District Judge W.Y. Ho.
Matrimonial Causes – Maintenance Pending Suit – Legal Costs Provision – Relocation to India – Reasonable Needs – Respondent’s Means – Costs – Whether maintenance should be backdated to date of petition – Whether estimated expenses in India are reasonable – Whether litigation funding is appropriate – Whether Respondent has means to pay – Petitioner successful in application – Maintenance pending suit awarded at HK$19,000 per month for Petitioner and HK$17,000 per month for child – Litigation costs provision at HK$17,000 per month – Respondent to pay mortgage, utilities, school fees and domestic helper fees – Costs order nisi for Petitioner.
Legal issues: Backdating of maintenance · Reasonable needs of Petitioner and Child · Litigation funding provision · Respondent's means to satisfy order · Costs of the application
Outcome: Application granted in part; Maintenance pending suit and legal costs awarded