TBC v TBD: Illegitimate Child Maintenance - Duty of Father under Women's Charter
In TBC v TBD, the High Court of Singapore heard an appeal regarding a District Judge's decision ordering TBD (Respondent) to pay maintenance for his son born out of wedlock to TBC (Complainant). The primary legal issue was whether the father of an illegitimate child has a duty to maintain the child under Section 68 of the Women's Charter. The High Court upheld the District Judge's decision that the Respondent has a duty to support the child but reduced the amount of maintenance to be paid.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed in part; maintenance amount reduced.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding father's duty to maintain illegitimate child under s 68 of the Women's Charter. The court upheld the father's duty but reduced the maintenance amount.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| TBC | Complainant, Respondent | Individual | Appeal dismissed in part | Partial | |
| TBD | Respondent, Appellant | Individual | Appeal dismissed in part | Partial | Koh Tien Hua |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kan Ting Chiu | Senior Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Koh Tien Hua | Harry Elias Partnership LLP |
| Ang Sin Teck | Ching Ching, Pek Gan & Partners |
| Leong Pek Gan | Ching Ching, Pek Gan & Partners |
4. Facts
- The Complainant applied for the Respondent to pay maintenance for their son born out of wedlock.
- The District Judge allowed the application, and the Respondent appealed.
- The Respondent initially denied paternity until a DNA test confirmed it.
- The Complainant is a businesswoman earning a gross salary of $5,200.
- The Respondent is a director and shareholder of a company, declaring a net income of $14,075.
- The District Judge ordered the Respondent to pay $1,050 per month for the child's maintenance, based on a proportion of their salaries.
- The High Court reduced the maintenance amount to $720 per month.
5. Formal Citations
- TBC v TBD, District Court Appeal No 48 of 2013, [2015] SGHC 130
6. Timeline
| Date | Event |
|---|---|
| District Court Appeal filed | |
| Judgment issued |
7. Legal Issues
- Duty to Maintain Illegitimate Child
- Outcome: The court held that the father of an illegitimate child has a duty under s 68 of the Women’s Charter to maintain the child.
- Category: Substantive
- Related Cases:
- [2010] 1 SLR 769
- Apportionment of Maintenance Costs
- Outcome: The court held that the parents should bear the financial burden equally, unless one parent is unable to contribute equally, in which case the other parent should make up the shortfall.
- Category: Substantive
- Related Cases:
- [2013] SGHC 283
- [2014] 3 SLR 1374
- [2008] SGDC 144
8. Remedies Sought
- Maintenance Payments
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 |
|---|---|---|---|---|---|
| Re M, An Infant | Queen's Bench | Yes | [1955] 2 QB 479 | England and Wales | Cited for the proposition that the word ‘parent’ in an Act of Parliament does not include the father of an illegitimate child unless the context otherwise requires. |
| AAG v Estate of AAH, deceased | Court of Appeal | Yes | [2010] 1 SLR 769 | Singapore | Cited to affirm that a legal duty to maintain an illegitimate child is imposed on the natural parents by s 68 of the Women’s Charter. |
| BNH v BNI | High Court | Yes | [2013] SGHC 283 | Singapore | Cited regarding the apportionment of maintenance costs between parents, specifically the view that costs should be equally borne by both parents. |
| AKC v AKD | High Court | Yes | [2014] 3 SLR 1374 | Singapore | Cited regarding the apportionment of maintenance costs between parents, specifically the view that there should not be a rigid rule that costs of maintenance of children should be equally borne by both parties. |
| XB v XC | District Court | Yes | [2008] SGDC 144 | Singapore | Cited regarding the apportionment of maintenance costs between parents in proportion to their means. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| Constitution of the Republic of Singapore (1985 Rev Ed, 1999 Reprint) | Singapore |
| Adoption of Children Act (Cap 4, 2012 Rev Ed) | Singapore |
| Legitimacy Act (Cap 162, 1985 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Illegitimate child
- Maintenance
- Women’s Charter
- Parental duty
- Apportionment of maintenance
- Financial capacity
15.2 Keywords
- illegitimate child
- maintenance
- Women's Charter
- parental responsibility
16. Subjects
- Family Law
- Maintenance of Children
17. Areas of Law
- Family Law
- Maintenance Law
- Children's Rights