DIL v DIM: Rescission of Maintenance Order for Wife After Husband's Retirement
In DIL v DIM, the General Division of the High Court of Singapore addressed the defendant/applicant Husband's application to rescind a maintenance order of $1,200 per month to the plaintiff/respondent Wife, following his retirement. The court, presided over by Choo Han Teck J, considered the Husband's changed circumstances, including his remarriage and the needs of his new family, as well as the Wife's age and medical condition. Ultimately, the court varied the maintenance order to $600 per month for a reduced period of two years, effective from June 2024.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Maintenance order varied to $600 per month for two years.
1.3 Case Type
Family
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Application to rescind maintenance order due to husband's retirement. The court varied the order, reducing maintenance to $600 per month for two years.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
4. Facts
- The parties were married on 22 July 1988 and divorced in 2012.
- The Husband was ordered to pay maintenance of $1,200 to the Wife on 29 October 2012.
- The Husband retired in July 2023 at the age of 65.
- The Wife, aged 69, has been unemployed since 2017 due to a slipped disc.
- The Husband remarried in 2017 and has a young daughter from that marriage.
- The parties have two adult children who are not contributing to their parents' upkeep.
5. Formal Citations
- DIL v DIM, Divorce (T) No 3269 of 2010 (Summons No 235 of 2024), [2024] SGHC 139
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Wife diagnosed with a slipped disc | |
| Divorce (Transferred) No 3269 of 2010 | |
| Parties divorced | |
| Husband ordered to pay maintenance of $1,200 to Wife | |
| Wife unemployed since 2017 | |
| Husband remarried | |
| Daughter moved out to a shared apartment with her colleague | |
| Husband last in contact with son | |
| Parties have not heard from daughter since May 2023 | |
| Husband retired | |
| Wife transferred $13,729.77 to son | |
| Hearing on 29 April 2024 | |
| Judgment reserved | |
| Judgment issued | |
| Maintenance varied to $600 per month, for a reduced period of two years with effect from June 2024 |
7. Legal Issues
- Rescission of Maintenance Order
- Outcome: The court varied the maintenance order, reducing the amount and duration.
- Category: Substantive
- Material Change in Circumstances
- Outcome: The court found that the husband's retirement constituted a material change in circumstances.
- Category: Substantive
8. Remedies Sought
- Rescission of Maintenance Order
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Divorce
- Family Law
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
- Maintenance
- Rescission
- Retirement
- Material Change in Circumstances
- Financial Self-Sufficiency
15.2 Keywords
- Divorce
- Maintenance
- Rescission
- Retirement
- Singapore
- Family Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Maintenance | 95 |
| Maintenance (Wife) | 95 |
16. Subjects
- Family Law
- Divorce
- Maintenance Obligations