Tan Yan Ling Kyna v Chan Wei Zhong Terence: Appeal Against Early Divorce Writ Filing
In Tan Yan Ling Kyna v Chan Wei Zhong Terence, before the High Court of Singapore on 3 October 2014, the defendant/husband appealed against the District Court's order granting the plaintiff/wife's application to file a writ of summons for dissolution of their marriage before three years had lapsed since the marriage date. The plaintiff claimed exceptional hardship due to the defendant's alleged physical and verbal aggression. The High Court allowed the defendant's appeal, setting aside the lower court's order, finding that the circumstances did not meet the requirements for exceptional hardship under Section 94 of the Women's Charter.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal allowed. The order below is set aside.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal by husband against order granting wife's application to file for divorce before 3 years of marriage, based on exceptional hardship. Appeal allowed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tan Yan Ling Kyna | Plaintiff, Respondent | Individual | Appeal Dismissed | Lost | |
| Chan Wei Zhong Terence | Defendant, Appellant | Individual | Appeal Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ng Pui Khim | Wu LLC |
| Judy Ang | Straits Law Practice LLC |
4. Facts
- The plaintiff and defendant were married on 26 November 2012.
- The plaintiff applied to file a writ for dissolution of marriage based on exceptional hardship.
- The plaintiff alleged physical and verbal aggression by the defendant.
- The plaintiff produced a psychiatric report diagnosing her with major depressive disorder.
- The plaintiff filed a police report regarding incidents in Korea and Singapore.
- The plaintiff left the matrimonial home on 15 November 2013.
- The plaintiff and defendant had been seeing each other for seven years prior to their marriage.
5. Formal Citations
- Tan Yan Ling Kyna v Chan Wei Zhong Terence, Originating Summons (Family) No 35 of 2014, (Registrar's Appeal from State Courts No 91 of 2014), [2014] SGHC 195
6. Timeline
| Date | Event |
|---|---|
| Marriage date | |
| Incident in Korea | |
| Incident occurred | |
| Plaintiff left the matrimonial home | |
| Police report filed | |
| Psychiatric report from Dr Adrian Wang | |
| District Court granted plaintiff's application | |
| Application filed for leave to file writ of summons | |
| Judgment reserved |
7. Legal Issues
- Exceptional Hardship
- Outcome: The court held that the circumstances of the case did not meet the requirements for exceptional hardship under Section 94 of the Women's Charter.
- Category: Substantive
- Restriction on filing of writ for divorce during first 3 years of marriage
- Outcome: The court considered the statutory moratorium of three years, intended to encourage reconciliation and prevent hasty divorces.
- Category: Procedural
8. Remedies Sought
- Leave to file a writ of summons for dissolution of marriage
9. Cause of Actions
- Dissolution of Marriage
10. Practice Areas
- Family Law
- Divorce
11. Industries
- IT
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) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Exceptional hardship
- Dissolution of marriage
- Three-year moratorium
- Major depressive disorder
- Physical aggression
- Verbal aggression
15.2 Keywords
- divorce
- family law
- exceptional hardship
- appeal
- Singapore
- Women's Charter
17. Areas of Law
16. Subjects
- Family Law
- Divorce
- Civil Procedure