TRS v TRT: Appeal on Child Access, Maintenance, and Matrimonial Asset Division

In TRS v TRT, before the Family Justice Courts of Singapore, the Husband, TRS, appealed against the District Judge's orders regarding access to their child, child maintenance, and the division of the matrimonial home. The court dismissed the appeal, upholding the original orders for telephone access, vacation access, child maintenance of $580 per month, and the division of the matrimonial home with a 55:45 split in favor of the Husband.

1. Case Overview

1.1 Court

Family Justice Courts of the Republic of Singapore

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal concerning child access, maintenance, and division of matrimonial assets. The court dismissed the appeal, upholding the original orders.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
TRSAppellantIndividualAppeal DismissedLost
TRTRespondentIndividualOrders UpheldWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Kanthosamy RajendranRelianze Law Corporation
Subash s/o RengasamyRelianze Law Corporation
Michelle NgKhattarWong LLP
Sharanjit KaurKhattarWong LLP

4. Facts

  1. The parties married in 2002 and have one child, born in 2004.
  2. The Wife and child moved to India in 2007 and have resided there since.
  3. The Husband filed for divorce in 2015 based on separation of at least 4 years.
  4. The Husband had not been in contact with the child for at least four years prior to the appeal.
  5. The Husband has had exclusive occupation of the matrimonial home since 2007.
  6. The Wife has been primarily responsible for the child's expenses since 2007.

5. Formal Citations

  1. TRS v TRT, District Court Appeal No 89 of 2016, [2017] SGHCF 3
  2. TRS v TRT, , [2016] SGFC 108

6. Timeline

DateEvent
Marriage solemnised in India
Marriage registered in Malaysia
Child born
Wife and Child moved to India
Writ of Divorce filed
Interim Judgment granted
Hearing on ancillary matters
Hearing on ancillary matters
District Judge's orders made
Judgment reserved
Judgment reserved
Judgment issued

7. Legal Issues

  1. Child Access
    • Outcome: The court upheld the District Judge's orders for telephone access twice a week and vacation access of two weeks per year.
    • Category: Substantive
  2. Child Maintenance
    • Outcome: The court upheld the District Judge's order for the Husband to pay $580 per month for the maintenance of the child.
    • Category: Substantive
  3. Division of Matrimonial Assets
    • Outcome: The court upheld the District Judge's order for the division of the matrimonial home, with the Husband paying the Wife 45% of the net market value.
    • Category: Substantive

8. Remedies Sought

  1. Variation of access orders
  2. Reduction of child maintenance
  3. Re-evaluation of division of matrimonial assets

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Divorce Litigation
  • Family Law

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
ANJ v ANKHigh CourtYes[2015] 4 SLR 1043SingaporeCited for principles on division of matrimonial assets, specifically regarding direct and indirect contributions.
NK v NLHigh CourtYes[2007] 3 SLR(R) 743SingaporeCited to support the point that the factors under s 112(2) of the Women's Charter are not exhaustive.
TRS v TRTDistrict CourtYes[2016] SGFC 108SingaporeThis is the original decision being appealed.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed) s 112Singapore
Women’s Charter (Cap 353, 2009 Rev Ed) s 112(2)(d)Singapore
Women’s Charter (Cap 353, 2009 Rev Ed) s 112(2)(f)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Access
  • Maintenance
  • Matrimonial assets
  • Division of assets
  • Child welfare
  • Indirect contributions
  • Direct contributions
  • Rent-free occupation

15.2 Keywords

  • Family Law
  • Divorce
  • Child Custody
  • Matrimonial Assets
  • Singapore

17. Areas of Law

Area NameRelevance Score
Family Law100
Access to Children90
Child Custody90
Maintenance90
Maintenance (Child)90
Matrimonial Home80
Matrimonial Assets80
Division of Assets75

16. Subjects

  • Family Law
  • Divorce
  • Child Custody
  • Matrimonial Assets