Teo Hoon Ping v Tan Lay Ying Angeline: Divorce Granted Due to Husband's Unreasonable Behaviour under Women's Charter

In Teo Hoon Ping v Tan Lay Ying Angeline, the High Court of Singapore heard an appeal from the decision of the District Judge to grant the Wife, Tan Lay Ying Angeline, a divorce from the Husband, Teo Hoon Ping, under s 95(3)(b) of the Women’s Charter, on the grounds of unreasonable behaviour. The High Court dismissed the appeal, finding that the Husband had acted in such a way that the Wife could not reasonably be expected to live with him, based on evidence of verbal abuse and disrespect.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal dismissed in divorce case. Divorce was granted to Wife due to Husband's unreasonable behavior, making it impossible to live with him.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Teo Hoon PingAppellantIndividualAppeal DismissedLost
Tan Lay Ying AngelineRespondentIndividualDivorce GrantedWon

3. Judges

Judge NameTitleDelivered Judgment
Chao Hick TinJustice of the Court of AppealYes

4. Counsels

Counsel NameOrganization
Koh Tien HuaHarry Elias & Partners
Randolph KhooDrew & Napier LLC
Chew Ching LiDrew & Napier LLC

4. Facts

  1. The parties met in 1989 and married on 18 April 2000.
  2. The Wife complained about the Husband not being loving and caring.
  3. The Wife complained about the Husband not treating her with respect.
  4. The Wife complained about the Husband’s unstable behaviour and violent outbursts.
  5. The Wife complained about the Husband’s refusal to communicate with her.
  6. The Wife complained about the Husband’s refusal to seek gainful employment.
  7. The Husband verbally abused the Wife in emails, calling her names.

5. Formal Citations

  1. Teo Hoon Ping v Tan Lay Ying Angeline, DA 27/2008, [2009] SGHC 244
  2. Tan Lay Ying Angeline v Teo Hoon Ping, , [2009] SGDC 149

6. Timeline

DateEvent
Parties met in junior college.
Wife studied pharmacy at the National University of Singapore.
Husband went on an Economic Development Board scholarship to study at the University of Pennsylvania.
Husband broke his EDB bond and went to work for McKinsey & Company in New York.
Husband quit his job and returned to Singapore.
Parties married in Singapore.
Wife relocated to Eli Lilly in Indiana, USA.
Husband returned to Singapore due to signs of depression and agoraphobia.
Husband sent an email expressing his opinion on her friend’s email.
Wife returned to Singapore for vacation.
Husband sent the Wife an invitation from Google to sign up for a free email account.
Husband asked her why she had chosen such a user ID.
Wife explained to him that “Angeline” had already been taken.
Husband sent Wife an email enclosing a link to a pornographic website.
Wife returned to Singapore for vacation.
Parties exchanged emails regarding yellow streaks on the toilet seat.
Husband and Wife had MSN conversations.
Husband sent Wife emails regarding shipping items from USA to Singapore.
Wife returned to Singapore for good.
Husband emailed a pornographic website link to the Wife.
Wife informed the Husband that she wanted a separation.
Divorce Suit No 5424 of 2006 filed.
Appeal dismissed.

7. Legal Issues

  1. Unreasonable Behaviour
    • Outcome: The court found that the Husband had acted in such a way that the Wife could not reasonably be expected to live with him.
    • Category: Substantive
    • Related Cases:
      • [1994] 2 SLR 115
      • [1976] Fam 32
      • [1964] AC 698
      • [1972] 1 WLR 955
  2. Admissibility of Evidence
    • Outcome: The court held that the emails were admissible as evidence of the Husband's behaviour.
    • Category: Procedural
    • Related Cases:
      • [1940] MLJ 155
      • [2007] SGHC 135
  3. Credibility of Witness
    • Outcome: The court found Dr Tat to be a credible witness and gave substantial weight to his evidence.
    • Category: Procedural
    • Related Cases:
      • [2008] 2 SLR 61

8. Remedies Sought

  1. Divorce
  2. Dissolution of Marriage

9. Cause of Actions

  • Divorce
  • Unreasonable Behaviour

10. Practice Areas

  • Divorce Litigation
  • Family Law

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Re Estate Duty Ordinance, 1929, s 36 The Estate Of TMRM Vengadasalam Chettiar DeceasedHigh CourtYes[1940] MLJ 155MalaysiaCited regarding the drawing of inferences from a failure to cross-examine.
Lim Ah Neu v Tan Tiow JinHigh CourtYes[2007] SGHC 135SingaporeCited regarding the drawing of inferences from a failure to cross-examine.
PP v Wang Ziyi AbleCourt of AppealYes[2008] 2 SLR 61SingaporeCited for the principles that govern the appellate review of a trial judge’s assessment of a witness’s credibility.
Wong Siew Boey v Lee Boon FattHigh CourtYes[1994] 2 SLR 115SingaporeCited for the test for determining whether a spouse has behaved in such way that the other spouse cannot reasonably be expected to live with him or her.
Thurlow v ThurlowFamily DivisionYes[1976] Fam 32England and WalesCited regarding whether involuntary behaviour caused by a disease of the mind could constitute behaviour that made it unreasonable for the petitioner to continue living with her.
Williams v WilliamsHouse of LordsYes[1964] AC 698United KingdomCited regarding that it might be unreasonable to expect a plaintiff to continue living with a defendant even when the defendant’s actions stemmed from severe mental illness and were wholly involuntary.
Katz v KatzNot AvailableYes[1972] 1 WLR 955England and WalesCited as to how much weight should be given to a defendant who claims that his actions were caused by mental illness.
Tan Lay Ying Angeline v Teo Hoon PingDistrict CourtYes[2009] SGDC 149SingaporeThe District Judge’s decision in Tan Lay Ying Angeline v Teo Hoon Ping [2009] SGDC 149 (“GD”) was appealed from.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 1997 Rev Ed)Singapore
s 95(3)(b) of the Women’s CharterSingapore
s 95(6) of the Women’s CharterSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Unreasonable behaviour
  • Irretrievable breakdown
  • Verbal abuse
  • Disrespect
  • Depression
  • Emails
  • Witness credibility
  • Causative link
  • Women's Charter
  • Cross-examination

15.2 Keywords

  • divorce
  • unreasonable behaviour
  • family law
  • women's charter
  • singapore

17. Areas of Law

Area NameRelevance Score
Family Law95
Women’s Charter95
Unreasonable Behaviour90
Divorce85
Matrimonial Assets50

16. Subjects

  • Family Law
  • Divorce
  • Unreasonable Behaviour