Rosaline Singh v Jayabalan Samidurai: Division of Matrimonial Assets and Wife's Entitlement to Maintenance
In Rosaline Singh v Jayabalan Samidurai, the High Court of Singapore heard an appeal by Madam Rosaline Singh against the District Judge's decision regarding the division of matrimonial assets and maintenance following her divorce from Mr. Jayabalan Samidurai. The appellant contested the division of matrimonial assets (excluding the matrimonial home) and the denial of her maintenance claim. The High Court dismissed the appeal, upholding the District Judge's orders for a 35% share of the other matrimonial assets and no maintenance for the appellant.
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
Appeal regarding division of matrimonial assets and maintenance. The court dismissed the appeal, affirming the lower court's decision on asset division and no maintenance order.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Rosaline Singh | Appellant | Individual | Appeal Dismissed | Lost | Jagji Singh Gill |
| Jayabalan Samidurai (alias Jerome Jayabalan) | Respondent | Individual | Orders Affirmed | Won | Lee Teck Hai |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Lee Meng | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jagji Singh Gill | Gurdip and Gill |
| Lee Teck Hai | Lee T H and Partners |
4. Facts
- The appellant and respondent were married on 11 July 1968.
- The respondent left the matrimonial home in November 2000.
- The appellant instituted divorce proceedings on 20 June 2001.
- The parties were divorced on 28 August 2001.
- The appellant was awarded 50% of the matrimonial home.
- The appellant was awarded 35% of the other matrimonial assets.
- The District Judge made no order for maintenance for the appellant.
5. Formal Citations
- Rosaline Singh v Jayabalan Samidurai (alias Jerome Jayabalan), Div P 602123/2001, RAS 720067/2003, [2003] SGHC 313
6. Timeline
| Date | Event |
|---|---|
| Appellant and respondent married | |
| Respondent left the matrimonial home | |
| Respondent retired | |
| Appellant instituted divorce proceedings | |
| Parties were divorced | |
| Appeal dismissed |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court affirmed the District Judge's decision regarding the division of matrimonial assets, awarding the appellant 35% of the assets excluding the matrimonial home.
- Category: Substantive
- Entitlement to Maintenance
- Outcome: The court affirmed the District Judge's decision not to order maintenance for the appellant.
- Category: Substantive
8. Remedies Sought
- Larger share of matrimonial assets
- Monthly maintenance
- Lump sum maintenance
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
- Claim for Maintenance
10. Practice Areas
- Divorce Law
- Family Law Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lim Choon Lai v Chew Kim Heng | Court of Appeal | Yes | [2001] 3 SLR 225 | Singapore | Cited for the principle that the division of matrimonial assets is not an exact science and for the broad-brush approach to determining a just and equitable division under s 112(1) of the Women’s Charter. |
| Lee Yong Chuan Edwin v Tan Soan Lian | Court of Appeal | Yes | [2001] 1 SLR 377 | Singapore | Cited for the principle that the division of matrimonial assets and the financial resources of the parties can be taken into account when determining the appropriate amount of maintenance. |
| Ong Chen Leng v Tan Sau Poo | Unknown | Yes | [1993] 3 SLR 137 | Singapore | Cited in relation to lump sum maintenance being computed on the basis that maintenance was payable until the former wife was 67 years old, but distinguished due to the appellant's age. |
| Yow Mee Leng v Chen Kai Buan | Unknown | Yes | [2000] 4 SLR 466 | Singapore | Cited in relation to lump sum maintenance being computed on the basis that maintenance was payable until the former wife was 67 years old, but distinguished due to the appellant's age. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353) s 112 | Singapore |
| Women’s Charter (Cap 353) s 112(2) | Singapore |
| Women’s Charter s 114 (1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial assets
- Maintenance
- Division of assets
- Wife
- Divorce
- Financial contribution
- Non-financial contribution
15.2 Keywords
- Divorce
- Matrimonial Assets
- Maintenance
- Wife
- Singapore
- Family Law
16. Subjects
- Family Law
- Matrimonial Assets
- Maintenance
17. Areas of Law
- Family Law
- Division of Matrimonial Assets
- Maintenance