Ng Kee Shee v Fu Gaofei: Divorce Before 3 Years - Exceptional Hardship under Women's Charter
In Ng Kee Shee v Fu Gaofei, the High Court of Singapore heard an appeal by Ng Kee Shee (the husband) against the District Court's decision to dismiss his application for leave to present a divorce petition before three years of marriage, based on exceptional hardship under Section 94 of the Women's Charter. The High Court, finding that the husband had indeed suffered exceptional hardship due to the wife's behavior and abandonment, allowed the appeal and granted the husband leave to present the divorce petition.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal allowed
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application for divorce before 3 years of marriage. The High Court allowed the appeal, finding exceptional hardship suffered by the husband due to the wife's behavior.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ng Kee Shee | Plaintiff, Appellant | Individual | Appeal allowed | Won | |
| Fu Gaofei | Defendant, Respondent | Individual | Appeal dismissed against | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ting Hi Keng | Yu and Co |
4. Facts
- The husband and wife married on 20 October 2004 through a marriage agency.
- The wife left for Hainan Island on 9 January 2005 and did not return.
- The wife refused physical intimacy with the husband, setting strict rules from the start.
- The wife told the husband that their marriage was over and she would never return.
- The wife threatened to commit suicide if she had to return to the husband.
- The husband is over 40 and anxious to start a family.
5. Formal Citations
- Ng Kee Shee v Fu Gaofei, OSF 55/2005, [2005] SGHC 171
6. Timeline
| Date | Event |
|---|---|
| Marriage of Ng Kee Shee and Fu Gaofei | |
| Fu Gaofei left for Hainan Island | |
| Ng Kee Shee and Toh Heng Leong visited Lin Yuyin | |
| Fu Gaofei acknowledged receipt of Originating Summons | |
| High Court allowed the appeal |
7. Legal Issues
- Exceptional Hardship
- Outcome: The court found that the husband suffered exceptional hardship due to the wife's behavior and abandonment, justifying leave to present a divorce petition before three years of marriage.
- Category: Substantive
8. Remedies Sought
- Leave to present a petition for divorce before three years of marriage
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Divorce
- Family Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Winter v Winter | English Court | Yes | [1944] P 72 | England | Cited for the principle that the court only needs to consider whether the allegations made, if proved, would amount to exceptional hardship. |
| W v W | English Court | Yes | [1967] P 291 | England | Cited for the principle that the court can consider hardship arising from past conduct, present hardship, and hardship arising from waiting for the three-year bar to elapse. |
| Fay v Fay | English Court | Yes | [1982] AC 835 | England | Cited for the principle that the hardship suffered must be something out of the ordinary, judged by prevailing standards of acceptable behavior between spouses. |
| Wong Pee Wei v Ho Soo Hua Anna Laurene | District Court | Yes | [2002] SGDC 239 | Singapore | Cited to contrast with the present case, where the court found exceptional hardship, unlike in Wong Pee Wei where leave was refused. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 94 Women's Charter (Cap 353, 1997 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Exceptional hardship
- Section 94 Women's Charter
- Divorce before three years
- Abandonment
- Unreasonable behaviour
15.2 Keywords
- Divorce
- Family Law
- Exceptional Hardship
- Women's Charter
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Divorce | 95 |
| Family Law | 90 |
| Unreasonable Behaviour | 80 |
| Options to purchase | 10 |
16. Subjects
- Family Law
- Divorce