Castello Ana Paula Costa Fusillier v Lobo Carlos Manuel Rosado: Divorce Based on Unreasonable Behaviour
In Castello Ana Paula Costa Fusillier v Lobo Carlos Manuel Rosado, the High Court of Singapore dismissed the wife's appeal against the Family Court's decision to grant a divorce decree to the husband based on her unreasonable behavior. The wife filed for divorce, citing the husband's unreasonable behavior, which he denied and cross-petitioned, alleging the wife's unreasonable conduct, including refusal of conjugal relations. The Family Court granted decrees nisi to both parties, but the wife appealed the decree granted on the husband's cross-petition. The High Court upheld the Family Court's decision, finding the wife's behavior unreasonable and that the husband could not reasonably be expected to live with her.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Divorce case where the High Court dismissed the wife's appeal, upholding the grant of a divorce decree to the husband based on the wife's unreasonable behavior.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Castello Ana Paula Costa Fusillier | Appellant | Individual | Appeal Dismissed | Lost | |
| Lobo Carlos Manuel Rosado | Respondent | Individual | Cross-Petition Granted | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Siu Chiu | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Luna Yap | Luna Yap & Co |
| Chandra Mohan | Tan Rajah & Cheah |
4. Facts
- The wife and husband were married on 4 April 1978.
- The wife refused to have conjugal relations with the husband since 1995.
- The wife admitted she refused to have sex with the husband even though she knew he felt deprived.
- The husband claimed the wife was violent, hot-tempered, extravagant, cold and unfriendly towards him.
- The wife obtained an Expedited Order and a Personal Protection Order against the husband.
- The husband is scheduled to retire from Singapore Airlines in December this year.
- The wife was found to be extravagant, having 100 pairs of shoes.
5. Formal Citations
- Castello Ana Paula Costa Fusillier v Lobo Carlos Manuel Rosado, DA 46/2002, [2003] SGHC 219
6. Timeline
| Date | Event |
|---|---|
| Marriage registered at the Singapore Marriage Registry | |
| Older son began studying in Australia | |
| Divorce Petition filed by the wife | |
| Husband filed an Answer and Cross-Petition | |
| Maintenance order obtained by the wife against the husband | |
| Family Court granted decrees nisi on Petition and Cross-Petition | |
| Wife's appeal heard and dismissed by the High Court | |
| Decision Date |
7. Legal Issues
- Unreasonable Behaviour
- Outcome: The court found that the wife's behavior was unreasonable and that the husband could not reasonably be expected to live with her.
- Category: Substantive
- Sub-Issues:
- Refusal of conjugal relations
- Lack of affection
- Extravagant spending
8. Remedies Sought
- Divorce
- Joint custody, care and control of the children
9. Cause of Actions
- Divorce
10. Practice Areas
- Family Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Wong Siew Boey v Lee Boon Fatt | Unknown | Yes | [1994] 2 SLR 115 | Singapore | Cited for the tests to determine whether the petitioner can reasonably be expected to live with the respondent and whether the petitioner finds it intolerable to live with the respondent. |
| Pheasant v Pheasant | Unknown | Yes | [1972] 1 All ER 587 | England | Cited for the proposition that the irretrievable breakdown of the marriage must be as at the date of the hearing of the petition, not when the petition was filed. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women's Charter Cap 353 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Unreasonable behaviour
- Conjugal relationship
- Cross-Petition
- Decree nisi
- Personal Protection Order
- Irretrievable breakdown
15.2 Keywords
- Divorce
- Family Law
- Unreasonable Behaviour
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Divorce | 90 |
| Unreasonable Behaviour | 90 |
| Maintenance | 60 |
| Child Custody | 40 |
| Matrimonial Assets | 30 |
16. Subjects
- Family Law
- Divorce
- Unreasonable Behaviour