VOM v VON: Setting Aside Ancillary Matters Order Based on Alleged Fraud and Forum Non Conveniens

In the Family Justice Courts of Singapore, the Husband, VON, applied to set aside the ancillary matters order made by Tan Puay Boon JC on 4 March 2021, following an interim judgment of divorce granted on 11 June 2018, which was made final on 15 April 2021. The Wife, VOM, opposed the application. Choo Han Teck J dismissed the Husband's application, finding no evidence of fraud in the procurement of the ancillary matters order and holding that Singapore was the appropriate forum for the divorce proceedings.

1. Case Overview

1.1 Court

General Division of the High Court (Family Division)

1.2 Outcome

Application dismissed

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Husband's application to set aside the ancillary matters order was dismissed. The court found no fraud and that Singapore was the appropriate forum.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
VOMPlaintiffIndividualApplication dismissedWon
VONDefendantIndividualApplication dismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Nur Amalina Binte KamalIka Law LLC
Patrick FernandezFernandez LLC

4. Facts

  1. The parties married in India on 1 December 2007 and are permanent residents of Singapore.
  2. An interim judgment of divorce was obtained on 11 June 2018 and made final on 15 April 2021.
  3. Ancillary matters were determined on 4 March 2021.
  4. The Husband sought to set aside the AM Order, alleging fraud and arguing Singapore was not the appropriate forum.
  5. The Husband claimed the Wife tendered fictitious documents concerning 20 bank accounts.
  6. The Wife argued Chapter 4A of the Charter only applies to foreign divorce proceedings.

5. Formal Citations

  1. VOM v VON, Divorce Transferred No 4800 of 2017(Summons No 385 of 2022), [2023] SGHCF 23

6. Timeline

DateEvent
Marriage solemnised and registered in India
Divorce proceedings began
Interim judgment of divorce obtained from the Singapore High Court
Ancillary Matters Order made in FC/ORC 107/2021
Divorce made final
Husband filed HCF/SUM 385/2022 to set aside the AM Order
Judgment delivered
Judgment delivered

7. Legal Issues

  1. Setting aside ancillary matters order
    • Outcome: The court dismissed the application to set aside the ancillary matters order.
    • Category: Procedural
  2. Forum non conveniens
    • Outcome: The court held that Singapore was the appropriate forum.
    • Category: Jurisdictional
  3. Fraud
    • Outcome: The court found no evidence of fraud.
    • Category: Substantive

8. Remedies Sought

  1. Setting aside of the Ancillary Matters Order

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Divorce
  • Ancillary Matters

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter 1961Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Ancillary Matters Order
  • Forum non conveniens
  • Fraud
  • Divorce
  • Financial Relief

15.2 Keywords

  • Divorce
  • Family Law
  • Singapore
  • Ancillary Matters
  • Fraud
  • Forum Non Conveniens

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Proceedings70
Division of Assets60
Jurisdiction60
Setting aside50
Civil Practice40
Fraud and Deceit30
Contract Law10

16. Subjects

  • Family Law
  • Divorce
  • Civil Procedure