TQU v TQT: Extension of Time to File Appellant's Case in Divorce Appeal

In the Family Justice Courts of Singapore, TQU (husband) applied for an extension of time to file his appellant's case in a divorce appeal against TQT (wife). The divorce proceedings, marked by three separate trials, culminated in the District Judge granting the wife's claim for divorce based on a four-year separation and the husband's counterclaim for divorce based on desertion, while dismissing his counterclaim of unreasonable behaviour. Choo Han Teck J dismissed the husband's application, citing the delay, the unconvincing reason for the delay, and the unlikelihood of the appeal's success, and directed the parties to proceed with the ancillary proceedings.

1. Case Overview

1.1 Court

Family Justice Courts of the Republic of Singapore

1.2 Outcome

Husband's application for an extension of time to file his case for appeal is dismissed.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Husband seeks extension to file appeal in divorce case. Court dismisses application, citing delay and unlikelihood of success, directing parties to ancillary proceedings.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
TQUApplicantIndividualApplication for an extension of time to file his case for appeal is dismissedLost
TQTRespondentIndividualApplication for an extension of time to file his case for appeal is dismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization

4. Facts

  1. The husband seeks an extension of time to file his appellant’s case which fell due on 12 September 2016.
  2. The applicant (husband) married the respondent (wife) on 6 March 1990.
  3. The wife filed the first of three divorce suits against the husband in December 2001.
  4. The wife filed the third divorce suit on 26 February 2015 on the ground that they had been separated for four years.
  5. The husband counterclaimed on the grounds of unreasonable behaviour and desertion.
  6. The learned district judge allowed the wife’s claim for divorce on the ground of a four-year separation and the husband’s counterclaim for divorce on the ground of desertion.
  7. The husband intends to appeal the judge’s dismissal of his counterclaim on the ground of unreasonable behaviour.

5. Formal Citations

  1. TQU v TQT, HCF/District Court Appeal No 49 of 2016, [2016] SGHCF 14

6. Timeline

DateEvent
Applicant (husband) and respondent (wife) married.
Wife filed the first divorce suit against the husband.
First divorce suit was dismissed.
Wife filed the second divorce action.
Wife filed the third divorce suit.
Notice of Appeal was filed.
Husband filed application for an extension of time.
Appellant’s case fell due.
Judgment reserved.
Judgment issued.

7. Legal Issues

  1. Extension of Time
    • Outcome: The court dismissed the husband's application for an extension of time to file his case for appeal.
    • Category: Procedural
  2. Grounds for Divorce
    • Outcome: The court noted that the District Judge had granted the divorce on the grounds of both four-year separation and desertion.
    • Category: Substantive

8. Remedies Sought

  1. Divorce
  2. Appeal of Dismissal of Counterclaim

9. Cause of Actions

  • Divorce
  • Desertion
  • Unreasonable Behaviour

10. Practice Areas

  • Divorce
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
Rule 834 of the Family Justice Rules 2014
Rule 827 of the Family Justice Rules 2014

14. Applicable Statutes

Statute NameJurisdiction
Family Justice Rules 2014Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Extension of time
  • Divorce
  • Appeal
  • Unreasonable behaviour
  • Desertion
  • Four-year separation
  • Ancillary proceedings

15.2 Keywords

  • Divorce
  • Family Law
  • Appeal
  • Extension of Time
  • Singapore

17. Areas of Law

Area NameRelevance Score
Divorce95
Family Law90
Ancillary Proceedings90
Extension of Time85
Appeal80
Matrimonial Dispute75
Civil Procedure70
Desertion65
Maintenance60
Unreasonable Behaviour50
Succession Law30
Jurisdiction20

16. Subjects

  • Family Law
  • Civil Procedure
  • Divorce Law