MB v MC: Appeal for Variation of Maintenance Dismissed
In MB v MC, the High Court of Singapore heard an appeal by MC ("the Wife") against the decision of the District Judge to dismiss her application for a variation of maintenance previously awarded to her and her son by MB ("the Husband"). The Wife sought a lump sum maintenance of $250,000 for herself and her child, citing the Husband's age and sale of property. The court dismissed the appeal, finding that the Wife's application was primarily motivated by a desire to obtain a share of the Husband's assets rather than genuine need.
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 for variation of maintenance for wife and child dismissed. The court found the application was motivated by the husband's assets.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Andrew Tan | Andrew Tan Tiong Gee & Co |
4. Facts
- The Wife applied for a variation of maintenance previously awarded to her and her son.
- The Wife sought a lump sum maintenance of $250,000 for herself and her child.
- The Wife cited the Husband's age and sale of property as reasons for the variation.
- The Husband was 78 years old in 2008 and received $1,900 as monthly pension.
- The Husband sold his property at Jalan Unggas on 14 February 2005 for $2.7 million.
- The Wife had been diagnosed with nasopharyngeal cancer more than 16 years ago.
- The child suffers from Attention Deficit Hyperactivity Disorder and Autistic Spectrum Disorder and was enrolled at XYZ School.
5. Formal Citations
- MB v MC, D 601589/2001, RAS 720017/2008, [2008] SGHC 246
6. Timeline
| Date | Event |
|---|---|
| Date of registration of marriage | |
| Decree nisi granted | |
| Maintenance for the child effective from this date | |
| Husband sold his property at Jalan Unggas | |
| District Judge Laura Lau made orders on the ancillaries | |
| Appeal dismissed by Justice Tan Lee Meng | |
| Application dismissed by District Judge Khoo Oon Soo | |
| Wife filed an appeal against DJ Khoo’s decision | |
| Justice Tay Yong Kwang dismissed this appeal | |
| Child enrolled at XYZ School | |
| Wife filed the 2008 Summons | |
| Husband filed reply affidavit | |
| Wife filed second affidavit | |
| Application dismissed by District Judge Regina Ow-Chang Yee Lin | |
| Appeal heard and dismissed | |
| Decision Date |
7. Legal Issues
- Variation of Maintenance
- Outcome: The court dismissed the Wife's appeal for a variation of maintenance, finding that her application was motivated by a desire to obtain a share of the Husband's assets.
- Category: Substantive
8. Remedies Sought
- Lump Sum Maintenance
- Variation of Maintenance
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Family Law
- Divorce
- Child Support
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Maintenance
- Lump Sum
- Variation
- Ancillary Matters
- ADHD
- ASD
15.2 Keywords
- family law
- maintenance
- divorce
- child support
- appeal
- variation
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 90 |
| Maintenance | 90 |
| Child Custody | 50 |
| Child Support | 50 |
| Children's Welfare | 40 |
16. Subjects
- Family Law
- Divorce
- Child Maintenance