Ho Kiang Fah v Toh Buan Eileen: Appeal Against Divorce Granted Based on 4-Year Separation
Ho Kiang Fah appealed against the decision of the district judge to grant a divorce to his wife, Toh Buan Eileen, based on a four-year separation as stipulated in s 95(3)(e) of the Women’s Charter. Ho Kiang Fah's counterclaim for divorce based on desertion was dismissed. The High Court, presided over by Chief Justice Chan Sek Keong, dismissed the appeal, finding no fault with the district judge's ruling and ordered Ho Kiang Fah to pay costs to Toh Buan Eileen.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed with costs to the respondent.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against divorce granted to Toh Buan Eileen based on a 4-year separation. The court dismissed Ho Kiang Fah's appeal and counterclaim.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Toh Buan Eileen | Respondent | Individual | Appeal dismissed with costs to the respondent | Won | |
| Ho Kiang Fah | Appellant | Individual | Appeal dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Sek Keong | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Yap Teong Liang | T L Yap & Associates |
4. Facts
- The appellant and respondent were married.
- The respondent moved out of the matrimonial property on 4 July 2002.
- The respondent filed divorce proceedings on 13 November 2006.
- The appellant did not deny that the respondent had lived apart from him for more than four years.
- The appellant counterclaimed for divorce based on desertion.
- The respondent claimed the marriage had broken down irretrievably due to separation.
5. Formal Citations
- Ho Kiang Fah v Toh Buan Eileen, DA 6/2008, [2009] SGHC 19
- Eileen Toh Buan v Ho Kiang Fah, , [2008] SGDC 191
6. Timeline
| Date | Event |
|---|---|
| Ho Kiang Fah decided to switch his career and become a lawyer. | |
| Ho Kiang Fah became unemployed. | |
| Ho Kiang Fah was admitted to the Singapore Bar. | |
| Toh Buan Eileen moved out of the matrimonial property with the children. | |
| Toh Buan Eileen filed divorce proceedings. | |
| District Judge granted a dissolution of the marriage in Eileen Toh Buan v Ho Kiang Fah [2008] SGDC 191. | |
| Appeal dismissed with costs to the respondent. |
7. Legal Issues
- Irretrievable Breakdown of Marriage
- Outcome: The court found that the marriage had broken down irretrievably due to the parties living apart for a continuous period of at least four years.
- Category: Substantive
- Desertion
- Outcome: The court found that the respondent had not deserted the appellant.
- Category: Substantive
8. Remedies Sought
- Dissolution of Marriage
9. Cause of Actions
- Divorce
10. Practice Areas
- Family Law
- Divorce Litigation
11. Industries
- Banking
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Eileen Toh Buan v Ho Kiang Fah | District Court | Yes | [2008] SGDC 191 | Singapore | The decision of the district judge to grant a dissolution of the marriage between the appellant and his wife, Eileen Toh Buan, based on the respondent’s claim that the marriage had broken down irretrievably. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 1997 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Divorce
- Separation
- Desertion
- Irretrievable Breakdown
- Matrimonial Property
15.2 Keywords
- Divorce
- Family Law
- Singapore
- Separation
- Desertion
- Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Divorce | 90 |
| Unreasonable Behaviour | 60 |
| Maintenance | 50 |
| Matrimonial Assets | 50 |
| Children's Welfare | 40 |
16. Subjects
- Family Law
- Divorce