VTF v VTG: Appeal to Rescind Interim Judgment in Divorce Based on Non-Disclosure of Wife's Lesbian Relationship
In VTF v VTG, the High Court (Family Division) dismissed the Husband's appeal to rescind an interim judgment of divorce granted to the Wife. The Husband argued that the Wife failed to disclose she is a lesbian and had left the marriage to live with her female partner. The court, presided over by Choo Han Teck J, found that the Husband was aware of the Wife's relationship prior to the interim judgment and that the alleged non-disclosure had no merit. The Wife filed for divorce on the grounds of unreasonable behaviour. The court ordered the parties to proceed to the disposal of the ancillaries without delay.
1. Case Overview
1.1 Court
General Division of the High Court (Family Division)1.2 Outcome
Appeal dismissed.
1.3 Case Type
Family
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal to rescind interim judgment in divorce dismissed. Husband claimed non-disclosure of wife's lesbian relationship as a material fact. Court found husband was aware of this fact.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge of the High Court | Yes |
4. Counsels
4. Facts
- The parties married in 2009 and have two children.
- The Wife claims the marriage broke down in 2013.
- The Wife left the matrimonial home in 2019.
- The Wife filed for divorce in 2020 on the grounds of unreasonable behaviour.
- The Husband did not file his defence in time, leading to an Interim Judgment in the Wife's favour.
- The Husband applied to rescind the Interim Judgment based on the Wife's alleged non-disclosure of her lesbian relationship.
- The Husband was aware of the Wife's relationship with a female partner before any application was filed.
5. Formal Citations
- VTF v VTG, , [2021] SGHCF 24
6. Timeline
| Date | Event |
|---|---|
| Parties married. | |
| Daughter born. | |
| Son born; Wife claims marriage broke down. | |
| Wife left the matrimonial home. | |
| Husband filed application for custody, care and control of the children. | |
| Wife filed for divorce. | |
| Divorce papers served on Husband. | |
| Mediation took place but failed to resolve the divorce suit and custody application. | |
| Husband was directed to file his defence by this date. | |
| Husband was directed to file his affidavit in support of FC/OSG 78 by this date. | |
| Wife set down her divorce suit for hearing. | |
| Husband's application for an extension of time was dismissed; Interim Judgment was granted to Wife. | |
| Husband filed FCS/103 of 2021 to set aside the Interim Judgment. | |
| DJ Nicole Loh dismissed the Husband's application to set aside the Interim Judgment. | |
| Judgment reserved. |
7. Legal Issues
- Rescission of Interim Judgment
- Outcome: The court dismissed the appeal to rescind the interim judgment, finding that the alleged non-disclosure was known to the Husband.
- Category: Procedural
- Sub-Issues:
- Non-disclosure of material fact
8. Remedies Sought
- Rescission of Interim Judgment
9. Cause of Actions
- Divorce
- Unreasonable Behaviour
10. Practice Areas
- Family Law
- Divorce 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 |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Interim Judgment
- Rescission
- Non-disclosure
- Unreasonable behaviour
- Divorce
15.2 Keywords
- Divorce
- Interim Judgment
- Rescission
- Family Law
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Divorce | 95 |
| Family Law | 95 |
| Child Custody | 60 |
| Child Support | 40 |
| Civil Litigation | 20 |
16. Subjects
- Family Law
- Divorce
- Civil Procedure