WQX v WQW: Divorce Based on Adultery and Unreasonable Behaviour

In the Family Justice Courts of Singapore, Choo Han Teck J heard cross-applications for divorce between WQX (Husband) and WQW (Wife). The Husband claimed the Wife's unreasonable behavior, while the Wife counterclaimed based on the Husband's unreasonable behavior and adultery with WQV (Co-Respondent). The District Judge granted interim judgment in favor of both parties. The Husband and Co-Respondent appealed against the findings of adultery and the Husband against the finding of unreasonable behaviour. The High Court dismissed the appeals, upholding the divorce decree based on the Husband's actions.

1. Case Overview

1.1 Court

General Division of the High Court (Family Division)

1.2 Outcome

Appeals Dismissed

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case involving cross-applications, focusing on adultery and unreasonable behavior. The court dismissed appeals, upholding the divorce decree based on the husband's actions.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
WQXAppellantIndividualAppeal DismissedLost
WQWRespondentIndividualCounterclaim AllowedWon
WQVAppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Nevinjit SinghSureshan LLC
John VincentJohn Law Chambers LLC
Narayanan Vijya KumarVijay & Co

4. Facts

  1. Husband and Wife filed cross-applications for divorce.
  2. Wife filed a counterclaim for divorce based on Husband's unreasonable behaviour and adultery with the Co-Respondent.
  3. Private investigators reported Husband visiting Co-Respondent's flat on multiple occasions.
  4. Co-Respondent's partner testified about the Husband and Co-Respondent's relationship.
  5. Husband's car was frequently parked near the Co-Respondent's flat.
  6. Husband and Co-Respondent claimed meetings were to discuss the Wife's divorce application.
  7. The earliest evidence of the relationship between the Husband and the Co-Respondent went back to 2019.

5. Formal Citations

  1. WQX v WQW and another appeal, District Court Appeals Nos 59 and 60 of 2023, [2024] SGHCF 18

6. Timeline

DateEvent
Husband slapped Wife
Co-Respondent started seeing Husband
Partner confronted Husband
Writ filed by Husband
Husband visited Co-Respondent's flat
Husband visited Co-Respondent's flat
Husband visited Co-Respondent's flat
Husband visited Co-Respondent's flat
Private investigator report issued
Hearing
Judgment reserved

7. Legal Issues

  1. Adultery
    • Outcome: The court found that adultery had been adequately proved beyond reasonable doubt.
    • Category: Substantive
    • Related Cases:
      • [1992] SGHC 100
  2. Unreasonable Behaviour
    • Outcome: The court found that the DJ was right to establish the fact of unreasonable behaviour on the part of the Husband.
    • Category: Substantive
  3. Standard of Proof for Adultery
    • Outcome: The court determined that the evidence sufficiently met the test for proof beyond reasonable doubt, even though the DJ did not explicitly state which burden of proof he applied.
    • Category: Procedural
    • Related Cases:
      • [1992] SGHC 100

8. Remedies Sought

  1. Divorce

9. Cause of Actions

  • Adultery
  • Unreasonable Behaviour

10. Practice Areas

  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tan Meng Heok v Tay Mui Keow (m w) and AnotherHigh CourtYes[1992] SGHC 100SingaporeCited as the last reported case from the High Court that accepted proof beyond reasonable doubt in adultery 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

  • Adultery
  • Unreasonable behaviour
  • Proof beyond reasonable doubt
  • Private investigator
  • Co-Respondent
  • Interim judgment

15.2 Keywords

  • Divorce
  • Adultery
  • Unreasonable Behaviour
  • Family Law
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Family Law95
Divorce90
Adultery85
Unreasonable Behaviour75
Evidence Law60
Standard of Proof50
Civil Procedure30
Costs20

16. Subjects

  • Family Law
  • Divorce
  • Adultery
  • Unreasonable Behaviour