AJE v AJF: Husband's Duty to Maintain Child & Wife's Maintenance Application
In AJE v AJF, the High Court of Singapore heard appeals from both the wife and the husband regarding a Family Court's decision on the wife's application for maintenance for herself and two children. The court addressed whether the husband was liable to maintain the wife's child from a previous marriage and whether the maintenance awarded to the wife should be varied. The High Court dismissed the wife's appeal in part and allowed it in part, and dismissed the husband's appeal.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeals dismissed in part and allowed in part.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court case concerning a wife's application for maintenance and the husband's duty to maintain his wife and step-child. The court addressed the husband's liability.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| AJE | Wife, Respondent | Individual | Appeal dismissed in part and allowed in part | Partial | Foo Siew Fong, Cheong Yen Lin Adriene |
| AJF | Husband, Appellant | Individual | Appeal dismissed | Lost | Lim Teong Jin George SC, Tan Ai Ling Jinny |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kan Ting Chiu | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Foo Siew Fong | Harry Elias Partnership LLP |
| Cheong Yen Lin Adriene | Harry Elias Partnership LLP |
| Lim Teong Jin George SC | Wee, Tay & Lim LLP |
| Tan Ai Ling Jinny | Wee, Tay & Lim LLP |
4. Facts
- The wife applied for maintenance for herself and two children without any divorce proceedings.
- The husband and wife were married in 1999, it was the second marriage for both of them.
- The wife had one son from a previous marriage, and the couple has one son together.
- The husband is a successful businessman with an annual income of $600,000.
- The wife is not working and holds a diploma from an Australian insurance institute.
- The District Judge ordered the husband to pay monthly maintenance of $6,500 for the wife and the two children.
- The District Judge also ordered the husband to make further payments for household expenses, expenses for the children, car expenses, maid expenses, housing loan, fixed loan and property tax payments totalling $9,655.55 per month.
5. Formal Citations
- AJE v AJF, District Court Appeal No. 29 of 2010/V & District Court Appeal No. 30 of 2010/L, [2011] SGHC 115
6. Timeline
| Date | Event |
|---|---|
| Husband and wife married. | |
| Wife claimed husband neglected or refused to provide reasonable maintenance. | |
| Maintenance order made by District Judge. | |
| District Court Appeal filed (District Court Appeal No. 29 of 2010/V & District Court Appeal No. 30 of 2010/L). | |
| Judgment reserved. |
7. Legal Issues
- Duty to Maintain Child
- Outcome: The court held that the husband had a duty to maintain the wife's child from a previous marriage.
- Category: Substantive
- Quantum of Maintenance
- Outcome: The court upheld the District Judge's quantification of maintenance.
- Category: Substantive
- Backdating of Maintenance Payments
- Outcome: The court upheld the District Judge's decision not to backdate the maintenance payments.
- Category: Procedural
- Direct Payments
- Outcome: The court upheld the District Judge's order for direct payments.
- Category: Procedural
- Costs of Application
- Outcome: The court ordered that the wife get half the costs of the application.
- Category: Procedural
8. Remedies Sought
- Maintenance Payments
- Costs
9. Cause of Actions
- Application for Maintenance
10. Practice Areas
- Family Litigation
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 |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) s 70(1) | Singapore |
| Women’s Charter (Cap 353, 2009 Rev Ed) s 70(2) | Singapore |
| Women’s Charter (Cap 353, 2009 Rev Ed) s 70(3) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Maintenance
- Child Maintenance
- Wife Maintenance
- Duty to Maintain
- Direct Payments
- Backdating of Maintenance
15.2 Keywords
- Maintenance
- Child
- Wife
- Family
- Singapore
- High Court
16. Subjects
- Family Law
- Maintenance
17. Areas of Law
- Family Law
- Maintenance Law