Yogita Kishanchand Jethwani (P) v 1. ) Ashvin Jethanand Valiram 2. ) XXXX 3. ) K H A N PIHAK KETIGA A L I R
Catchwords
Evidence Law - Admissibility of audio recording and its transcript - Conversations recorded secretly by Wife - Application of principle in Kuruma v R - Whether Court had discretion in civil cases, to exclude relevant evidence but improperly obtained - Evidence Act, section 136 Evidence Law - Admissibility of audio recording and its transcript - Whether made without prejudice - Whether inference can be made that parties to the conversation recorded had agreed that such evidence should not be admitted in Court - Whether negotiations made with intention of settling family dispute - Whether section 23 of Evidence Act applied to exclude such evidence Evidence Law - Admissibility of emails, text messages, Whatsapp messages - Testimony by expert witnesses - Role of expert witnesses - Factors to consider when evaluating expert witness - Evidence Act, sections 45, 51 Evidence Law - Witnesses - Credibility - Factors to consider when evaluating witnesses - Reliance on documentary evidence when witnesses not credible Family law - Divorce - Spousal maintenance - Cause of breakdown to be considered in determining spousal maintenance - Whether Wife’s allegations of adultery between Husband and Co-Respondents had been established, and whether Wife had found such adultery, if at all, intolerable - Whether no case to answer made out by Second Co-espondent regarding adultery - Distinction between adultery and infidelity - Section 58(3) of Law Reform (Marriage and Divorce) Act 1976 Family law - Divorce - Spousal maintenance - Cause of breakdown to be considered in determining spousal maintenance - Whether Wife had established Husband’s abusive conduct as constituting unreasonable behaviour -Whether Husband had established that it was Wife’s unreasonable behaviour that had caused the irretrievable breakdown of the marriage - What was actual cause of breakdown of marriage Family law - Divorce - Spousal maintenance - Whether Wife had satisfied the ‘means and needs’ assessment to justify the amount of spousal maintenance claimed - Definition of 'means' - Whether Wife entitled to the exact lifestyle as she was accustomed to during marriage - Current approach in determining spousal maintenance - Sections 77 and 78 of Law Reform (Marriage and Divorce) Act 1976 Family law - Divorce - Spousal maintenance - Whether Court was empowered to award lump-sum - Factors to consider in awarding lump-sum maintenance Family law - Divorce - Division of matrimonial assets - Whether Wife was entitled to half of the value of the matrimonial assets - Contribution of Wife - Whether Wife allowed to claim division of matrimonial home although Parties had never owned one - Section 76 of Law Reform (Marriage and Divorce) Act 1976 Family law - Divorce - Application by Husband to anonymise - Whether Husband's application was made as an afterthought and not for the genuine interest to protect the privacy of the parties concerned - Whether privacy of other parties should be protected - Section 15(2) of Courts of Judicature Act 1964. Civil Procedure - Costs - Factors to consider in awarding costs - Whether both Petitioner and Respondent should pay costs - Rules of Court 2012, Order 59 rule 8
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Judgment
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