SEE CHEE HAO v TAN HUI JUN
Catchwords
LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976 — Divorce — Leave to present petition before expiration of two years from date of marriage — Application under s 50(2) — Meaning and construction of phrase “exceptional circumstances or hardship suffered by the petitioner” — Whether adjective “exceptional” qualifies both “circumstances” and “hardship” — Whether hardship must itself be exceptional — Statutory interpretation — Purposive approach — Whether consensual breakdown of marriage, separation, agreement in principle to divorce and ancillary relief, and delay in execution of joint petition constituted exceptional circumstances or exceptional hardship — Whether uncertainty pending execution of joint petition amounted to hardship — Whether desire for expedited dissolution of marriage sufficient to invoke statutory exception — Exercise of judicial discretion — Mandatory considerations under s 50(2) — Interests of child of marriage — Probability of reconciliation — Whether mandatory considerations constituted independent grounds for granting leave — Effect of imminent expiry of statutory two-year period — Relationship between ss 50 and 52 — Whether leave under s 50(2) could be used to circumvent statutory waiting period for joint petition. PRACTICE AND PROCEDURE — Ex parte originating summons — Affidavit evidence — Certificate of urgency — Whether certificate of urgency constituted evidence — Whether facts stated only in certificate of urgency but omitted from supporting affidavit could be relied upon in determining substantive application — Duty of full and frank disclosure — Requirement that all material facts be verified on oath — Whether Court entitled to disregard matters not deposed to in affidavit — Distinction between case management function of certificate of urgency and evidential requirements for substantive relief. STATUTORY INTERPRETATION — Interpretation of statutory exception — Construction of composite phrase “exceptional circumstances or hardship suffered by the petitioner” — Application of ordinary grammatical construction — Noscitur a sociis — Purposive interpretation — Whether construction preserving legislative purpose to discourage premature divorce to be preferred over construction rendering statutory prohibition ineffective. FAMILY LAW — Divorce — Joint petition — Consent to divorce — Agreement between parties — Whether agreement in principle and absence of dispute displaced statutory threshold under s 50(2) — Child maintenance — Custody arrangements — Court’s continuing supervisory jurisdiction under s 97 notwithstanding parties’ agreement.
Practice Areas
Judges (1)
Parties (2)
Judgment
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