Read the full judgment text of FCMC 2864/2019 on BabelCite. This Family Court judgment was delivered on 16 February 2024 before 陳玉芬.
Divorce – Matrimonial Proceedings Ordinance (Cap 179) s.11A – Behavior – Three-step inquiry – Decree Nisi – Costs – Petitioner (wife) filed divorce petition in 2019 alleging Respondent (husband) made cohabitation unreasonable due to behavior including failure to support, gambling, bankruptcy to evade debt, verbal abuse, and recording wife sleeping – Marriage contracted in 1993 with three adult children – Court applied three-step inquiry to determine if marriage broken irretrievably – Step 1: Court found Respondent committed alleged behaviors based on Petitioner's evidence including Social Welfare Department letter and video recording – Respondent denied allegations but Court found his evidence unreliable – Step 2: Court assessed impact on Petitioner considering her character and circumstances, finding significant stress, health issues, and despair – Petitioner suffered physical health problems and suicidal thoughts – Step 3: Court concluded it was not reasonable to expect Petitioner to continue cohabiting – Respondent's defense dismissed – Decree Nisi granted – Respondent ordered to pay Petitioner's costs – Ancillary relief application to be restored
Legal issues: Step 1: Determination of alleged behaviors · Step 2: Impact on Petitioner · Step 3: Reasonableness of cohabitation
Outcome: Decree Nisi granted; Respondent's defense dismissed
Cited by 1 case · Cites 2 cases