Bachelor OF LAW (HONS) (LW224) Non-Contentious Legal Matters (Family) (LAW600) Individual Filing - Divorce (Desertion)

BACHELOR OF LAW (HONS) (LW224)
NON-CONTENTIOUS LEGAL MATTERS (FAMILY) (LAW600)

INDIVIDUAL FILING – DIVORCE (DESERTION)
PREPARED BY:
NAME STUDENT ID GROUP
DANIEL QAYYIM BIN HASDI 2019339359 LWH07E
PREPARED FOR:
PROF MADYA DR DALELEER KAUR RANDAWAR
(FOR ACADEMIC PURPOSES ONLY)

FACTS OF THE CASE
Petitioner:
Name: Kim Tae Hee
Age: 33 years old
I/C Number: 893512-10-6434
Address: No 8, Jalan Kristal View 6/16, Seksyen 6, 40000, Shah Alam, Selangor
Religion: Christian
Occupation: Housewife
Citizenship: Malaysian
Respondent:
Name: Lim Ka-Shing
Age: 34 years old
I/C Number: 883118-10-6234
Address: No 8, Jalan Kristal View 6/16, Seksyen 6, 40000, Shah Alam, Selangor
Religion: Christian
Occupation: Hedge fund manager
Citizenship: Malaysian
Lim Ka-Shing (883118-10-6234) is the respondent (husband) in this case, and Kim Tae Hee
(893512-10-6434) is the petitioner (wife). Both lived at No 8, Jalan Kristal View 6/16, Seksyen 6,
40000, Shah Alam, Selangor have been married for the past 14 years. They have two children, a
daughter named Woo Kee Na (Birth Cert. K345123), who is 12 years old, and a son named Ing
Gak Sooi (Birth Cert L113756) who is 7 years of age.
The respondent is a son of a prominent senior manager of an international hedge fund in

Kuala Lumpur. His family comes from a line of influential people in the financial industry. The
respondent met the petitioner during high school and eventually fell in love with one another.
During their college years, the respondent proposed to the petitioner to be his wife and promised

her to provide everything she wants in life since he is wealthy and has all the necessary resources.
The petitioner refused to marry at first since both of them were really young and there were many
things she wanted to do with her life. After several persuasions from the respondent, friends, and
family members from both sides. She accepted the proposal with an open heart.
They were married on 21st February 2008 and their marriage was registered at the
Selangor National Registration Department at Tingkat 7, Plaza Masalam, No 1 Jalan Tengku
Ampuan Zabedah E9/E, Seksyen 9, 40000, Shah Alam , Selangor Darul Ehsan. They set up at their
matrimonial home at No 8, Jalan Kristal View 6/16, Seksyen 6, 40000, Shah Alam, Selangor. In
terms of employment, the respondent replaced his father as the hedge fund manager. The petitioner
on the other hand is a full-time housewife.
Due to his job position, he frequently works late and travels abroad to attend business
meetings with the company. During the years of their marriage, he was known to be a workaholic
and he seldomly makes time for his wife and kids. As he climbs up his career ladder, he gets busier
with his working schedule. The respondent became gradually absent day to day. He comes home
late at night way after his family has fallen asleep. The petitioner always complained about this
matter to her immediate family, including the parents and siblings. The husband replied that he
does all of this for the sake of their family since he is the sole breadwinner. He stated he has the
highest obligation to provide his family members with the best quality of life. The petitioner argued
that monetary and financial support is not everything and contended his presence with his family
is more important. Their arguments gradually become more and more frequent due to their
fundamental differences.
The petitioner starts to realize that the respondent keeps on bringing his clothes from the
drawer to his car every time he left work. His apparel which includes a set of shirts, pants, sweaters,
socks, and even underwear is decreasing. When the petitioner inquired about the subject matter,
he stated that he needs extra clothing since he will be working late. The respondent informed the
petitioner via WhatsApp in circumstances when he is late, he will stay a night in a hotel. His action
of occupying a hotel is done more than once. She thought it was nothing too serious since it is a
concrete fact that her husband is a workaholic. The respondent seldomly eats at home for dinner

due to reasons of his busy schedule. He will have his meal at a restaurant or a hotel either with his
clients or alone. The dinner table at their matrimonial home will usually be occupied by his wife
and the two children. Both the petitioner and the wife infrequently share a bed together as he will
be staying at any hotel in Kuala Lumpur after working until late at night.
On 13th April 2020, the respondent informed the petitioner that he has yet another
important business meeting that will be held in London from the 20th to the 25th of the same month.
He stated if there is financial aid that is required, he said to his wife to use the savings they had
first. His wife believed in the statement since he knows more about the company compared to her.
He left the matrimonial home and boarded the flight on 19th April 2020 and arrived in London on
20th April 2020. During the one-week period at the business meeting, the respondent did not
inform the petition about his well-being, nor did he inform her pertaining to his whereabouts. He
didn’t even reply to the text messages from his wife which she sends on 24th April 2020. The
respondent did not return to Malaysia even after the end of his business trip which is on the 25th
of April 2020.
After countless times trying her best to contact the respondent and even going the extent to
contact the respondent’s family members but to no avail. The petitioner decided to contact the
Malaysian embassy in London to inquire about his whereabouts on 5th May 2020. The embassy
later recommended that the petitioner should file an official report to Wisma Putra about the
respondent’s disappearance. The petitioner decided to act based on the embassy’s proposal and
filed a report to Wisma Putra on 7th May 2020. Unfortunately, there were still no updates on the
respondent’s presence after the report. The Petitioner tried other avenues to reach the respondent,
especially by contacting his family members. However, his family members refuse to give details
on his whereabouts for unknown reasons.
On 28th April 2021, the respondent received a call from Wisma Putra stating that the
respondent has returned to Malaysia. The respondent however did not return to his matrimonial
home. Upon hearing this information, the petitioner tried contacting him via his Malaysian phone
number but to no avail. She later found out from her family members that the respondent is residing
in a new home in Perak.

The petitioner decided to try to keep in touch with the respondent through his brother-in-
law who is staying in Penang. She contacted him via WhatsApp on the 16th of Mei 2021 and they
both had a long conversation pertaining to that matter. He informed the petitioner that the
respondent wanted to enjoy solitude, far from personal and professional problems. The petitioner
kept on proposing a reconciliation to ensure that the marriage is not broken down. After several
efforts, the brother-in-law stated that the respondent eventually agrees to attend a reconciliation
session and proceeds to give the address details of the respondent. The petitioner applied for
reconciliation on the 15th of April 2022 and the respondent received the notice on the 17th of April
2022.
However, during the first session of the reconciliation which was held on the 27th of April
2022, the respondent did not attend the first session of reconciliation which made the petitioner
incredibly furious. As a result, in the second session which was held on the 7th of May 2022, the
wife was absent and only the respondent was available during the session. As for the final session
of the reconciliation process which was held on the 1st of June 2022, both parties attended the
session which is the first time they met physically after two years the respondent deserted the
family. However, both parties failed to reconcile and never met each other again afterward.
On 27th June 2022, the petitioner filed a petition of divorce through the law firm Ainun
Atikah & Partners on the grounds that the respondent has deserted her and their children for more
than two years under Section 54(1)(c) of the Law Reform (Marriage and Divorce) Act 1976.

ENCLOSURE 1
IN THE HIGH COURT OF MALAYA AT SHAH ALAM

IN THE STATE OF SELANGOR DARUL EHSAN
(FAMILY DIVISION)
PETITION FOR DIVORCE NO: BA-33-66-06/2022
I n the matter of Section 48, 53, 54(1)(c),

57, 76, 77, 88, 93, and 106 of The Law
Reform (Marriage and Divorce) Act 1976
(Act 164)
AND
In the matter of Rules 53(1) of the Divorce

and Matrimonial Proceedings Rule 1980
BETWEEN
KIM TAE-HEE
(NRIC: 893512-10-6434) ...PETITIONER
AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
NOTICE OF APPOINTMENT OF SOLICITOR (EX-PARTE)
I, KIM TAE HEE (NRIC: 893512-10-6434), a Malaysian Citizen of full of age whose address is
at No 8, Jalan Kristal View 6/16, Seksyen 6, 40000, Shah Alam, Selangor, hereby appointed Ainun
Atikah & Partners whose address of service at Office 4, AL704, Academic Building 2, Faculty of
Law, Universiti Teknologi MARA, 40450, Shah Alam, Selangor Darul Ehsan as the solicitor for
the Petitioner.

Dated on the 24th OF JUNE 2022
DANIEL QAYYIM BIN HASDI KIM TAE-HEE

Ainun Atikah & Partners Petitioner
Solicitor for the Petitioner (893512-10-6434)
This NOTICE OF APPOINTMENT OF SOLICITOR (EX-PARTE) is filed by Ainun Atikah

& Partners, Solicitor for the Petitioner registered at address Office 4, AL704, Academic Building
2, Faculty of Law, Universiti Teknologi MARA, 40450, Shah Alam, Selangor Darul Ehsan.
(Ref No.: AAP/FM(D)/2022/KTH/DQ/MA)

ENCLOSURE 2
(FAMILY DIVISION)
In the matter of Section 48, 53, 54(1)(c), 57,

76, 77, 88, 93, and 106 of The Law Reform
(Marriage and Divorce) Act 1976 (Act 164)
AND
In the matter of Rules 7; 8; 19(1), (2) and

(3); 56; 76; 80 and 81 of the Divorce and
Matrimonial Proceedings Rules 1980
BETWEEN
KIM TAE HEE

(NRIC: 893512-10-6434) ...PETITIONER
AND
LIM-KA SHING
(NRIC: 883118-10-6234) ...RESPONDENT
PETITION FOR DIVORCE
THIS PETITION of Kim Tae Hee (NRIC: 893512-10-6434) addressed at No 8, Jalan Kristal View
6/16, Seksyen 6, 40000, Shah Alam, Selangor Darul Ehsan. A copy of the Petitioner’s NRIC is
attached and marked as Exhibit KTH1.

SHOWS THAT—
1. On 21st February 2008, the Petitioner was lawfully married to Lim Ka-Shing (NRIC:
883118-10-6234) (known as the Respondent). A copy of the Respondent’s NRIC is
attached and marked as Exhibit KTH2.
2. Their marriage is registered at the Selangor National Registration Department in Shah

Alam, Selangor Darul Ehsan. A copy of their marriage registration is attached and marked
as Exhibit KTH3. A copy of their marriage certificate is attached herewith and marked as
Exhibit KTH4.
3. The Petitioner and the Respondent have cohabited at No 8, Jalan Kristal View 6/16,
Seksyen 6, 40000, Shah Alam, Selangor Darul Ehsan. Both parties are residents of
Malaysia and domicile in Malaysia.
4. There are a total of three (2) children of the family now living, namely, Woo Kee Na, aged
12 years old. Secondly, Ing Gak Sooi, aged 7 years old. A copy of the children’s birth
certificates is attached and marked as Exhibit KTH5 and Exhibit KTH6.
Name Age Education Gender Birth Exhibit

Certificate
No.
Woo Kee 12 Maz Female K345123 KT5

Na International
School
Ing Gak 7 Maz Male L113756 KT6

Sooi International
School
5. No other child now living has been born to the Respondent during the marriage so far as is
known to the Petitioner.
6. There have been no previous proceedings in any court in Malaysia or elsewhere with
reference to the marriage.

7. There have been no proceedings continuing in any country outside Malaysia which are in
respect of the marriage or can affect its validity or subsistence.
8. The following are the attempts of reconciliation that have been made by two parties:
No Date Type of session
(i) 27th April 2022 Single session with the Petitioner
(ii) 7th May 2022 Single session with the Respondent
(iii) 1st of June 2022 Joint session
(a) The Petitioner applied for reconciliation on the 15th of April 2022.
(b) The Respondent received the notice of reconciliation on 17th April 2022.
(c) The first reconciliation was conducted on 27th of April 2022 and was singularly attended
by the Petitioner.
(d) The second reconciliation was conducted on 7th May 2022 and was singularly attended by
the Respondent.
(e) The third reconciliation commences on 1st of June 2022 and was attended by both parties.
(f) The tribunal deemed the reconciliation to be unsuccessful and declared such in Perakuan
Tribunal Perkahwinan. The declaration was attached and marked as Exhibit KTH7.
9. The following are the matrimonial assets of the marriage;

a. The matrimonial property of the double-storey terrace house with the address of No 8,
Jalan Kristal View 6/16, Seksyen 6, 40000, Shah Alam, Selangor Darul Ehsan. A copy
of the Issue Document Title of the house is attached and marked as Exhibit KTH8.
b. The Honda Jazz that bears the registration number VBS 3677. A copy of the vehicle
registration grant is attached and marked as Exhibit KTH9.
c. Cash amounting to RM 500,000.00 in the Joint Account of CIMB Bank Berhad is

marked as Exhibit KTH10.
10. The petitioner filed a petition for divorce on the ground that the Respondent has deserted
the petitioner for a continuous period of at least two years immediately preceding the
presentation of the petition as per Section 54(1)(c) of the Law Reform (Marriage and
Divorce) Act 1976.
11. The particulars are as follows: -
a. The Petitioner and Respondent were married on 21st February 2008 and their marriage
was registered at the Selangor National Registration Department located at Tingkat 7,
Plaza Masalam, No. 1 Jalan Tengku Ampuan Zabedah E9/E, Seksyen 9 40000 Shah
Alam, Selangor Darul Ehsan.
b. After the marriage they resided together in the same house at No 8, Jalan Kristal View
6/16, Seksyen 6, 40000, Shah Alam, Selangor Darul Ehsan.
c. They are blessed with two (2) children, a girl, and a boy, aged 12 and 7.
d. The Petitioner and Respondent led a marriage for 14 years. The marriage however took
a turn after the respondent led the hedge fund of his father in Kuala Lumpur. His busy
schedule prevents him from being with his family at the matrimonial home.
e. During this period, the respondent becomes less involved with the day-to-day affairs of
his family. He rarely comes home for dinner and persistently stays at a hotel after work.
In addition, the respondent rarely shares the same bed with the petitioner for reasons of

a busy schedule. A screenshot of the conversation is attached and marked as Exhibit
KTH11.
f. The respondent left the matrimonial for London on 19th April 2020 for the purpose of
a business meeting. The said meeting lasted for a period of one week and is scheduled
to return to Malaysia on 25th April 2020. However, he is unreachable starting on 24th
April 2020. The proof of his absence is captured through a conversation screenshot
which is attached and marked as Exhibit KTH12.
g. The petitioner had contacted the Malaysian embassy on 5th May 2020, days after his
disappearance. The embassy made a recommendation to the petitioner to lodge an
official report to Wisma Putra about this subject matter. The petitioner eventually heeds
to their suggestion and filed an official report to Wisma Putra on 7th May 2020, the
report was in the form of a letter under Exhibit KTH13.
h. After months the official report was made, the whereabouts of the respondent is still a
mystery and there were no new updates.
i. On 28th April 2021, the embassy managed to locate the respondent entering Malaysia,
to which the information is conveyed to the petitioner through a phone call from Wisma
Putra.
j. Upon his return to Malaysia however, the respondent did not return to their matrimonial
home. He stayed at a new home in Perak which is located within the proximity of his
elder brother. The Respondent’s new address is evident through his electricity bill
which was attached and marked as Exhibit KTH14.
k. The petitioner made several efforts to contact the respondent via his Malaysia phone
number but to no avail. The petitioner managed to get a hold of her brother-in-law to
which he stated that the respondent wants solitude to run away from his life problems.
The proof of the conversation is attached and marked as Exhibit KTH15.
l. They eventually agreed to meet up for a reconciliation session which consisted of three
sessions to which the first session commenced on the 27th of April 2022.

m. After a failed reconciliation session, the petitioner eventually gave up her efforts and
decided to file a petition of divorce through the law firm of Ainun Atikah & Partners.
The ground of the divorce is due to desertion under Section 54(1)(c) of the Law Reform
(Marriage and Divorce) Act 1976.
12. The following arrangement for maintenance is proposed to be made between the parties for
the support of the Petitioner and their children since the Petitioner is a full-time housewife.
The Petitioner believes that the Respondent is capable to pay for the maintenance she is
seeking. A copy of the Respondent’s statement of salary is attached and marked as Exhibit
KTH16.
a. The monthly maintenance of RM 2000 for the Petitioner.
b. The monthly maintenance for the daughter, Woo Kee Na amounts to RM3000 for daily
expenses and education until she completes her tertiary education.
c. The monthly maintenance for the son, Ing Gak Sooi amounts to RM3000 for daily
expenses and education until he completes his tertiary education.
13. The following arrangement for custody and access is proposed to be made between parties
for the support of the Petitioner and the said children.
a. The Petitioner may be granted full custody of the daughter named Woo Kee Na (Birth
Cert. K345123), and the youngest son named Ing Gak Sooi (Birth Cert. L113756).
b. The Respondent may visit their children once every two weeks for each month.
14. The following proposals for the division of matrimonial assets are to be made between the
petitioner and the respondent.
a. The matrimonial property of the double-story terrace house with the address of No 8,
Jalan Kristal View 6/16, Seksyen 6, 40000, Shah Alam, Selangor, is to be fully
transferred to the Petitioner.
b. The Honda Jazz that bears the registration number VBS 3677, is to be fully transferred
to the Petitioner.

c. Cash amounting to RM500,000.00 in the Joint Account of CIMB Bank Berhad to be
divided equally between the Petitioner and the Respondent.
15. The Petitioner therefore prays—
a. That the said marriage may be dissolved according to Section 54(1)(c) of the Law
Reform (Marriage & Divorce) Act 1976.
b. That the Petitioner may be granted the custody of their children, Woo Kee Na and Ing
Gak Sooi as proposed.
c. That the Respondent be given visitation rights once every two weeks of each month
during the weekends.
d. That she may be granted the following ancillary relief of maintenance:
i. For the maintenance of the Petitioner and their children to be paid on the 15th
day of every month to the Petitioner's Maybank Account No: 1632487645.
ii. Transfer the Respondent’s full rights of matrimonial assets as proposed.
e. That the Respondent may be ordered to pay the cost of this petition.
f. For other reliefs that the court deems fit.
The name and address of the person who is to be served with this petition is:-
LIM KA-SHING
(NRIC: 883118-10-6234)
No. 3, Jalan Keranji,
Taman Sri Temenggor,
33300 Gerik,
Perak
The Petitioner’s address for service is

AINUN ATIKAH & PARTNERS

Advocates & Solicitors
Office 4, AL 704, Academic Building 2,
Universiti Teknologi MARA,
40450 Shah Alam,
Selangor.
Dated on 27th OF JUNE 2022
DANIEL QAYYIM KIM TAE HEE

Ainun Atikah & Partners Petitioner
Solicitor for the Petitioner (NRIC: 893512-10-6434)
This PETITION FOR DIVORCE is filed by Ainun Atikah & Partners, Solicitor for the Petitioner
registered at address Office 2, AC 704, Academic Building 2, Universiti Teknologi MARA, 40450
Shah Alam, Selangor Darul Ehsan.

(FAMILY DIVISION)
In the matter of Section 54(1)(c) of The

Law Reform (Marriage and Divorce) Act
1976 (Act 164)
BETWEEN
KIM TAE HEE

(NRIC:893512-10-6434) ...PETITIONER
AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
CERTIFICATE IDENTIFYING EXHIBIT
I hereby declare that the Exhibit annexed hereto and marked as Exhibit “KTH1’’ is the Exhibit
referred to in the Divorce Petition of Kim Tae Hee (I/C NO:893512-10-6434) dated 27th June
2022.
Before me,
……………………………………

“EXHIBIT KTH1-PETITIONER’S IC”
WARGA
NEGAR
A
BUDDH
A
PEREM
PUAN
(FAMILY DIVISION)

1976 (Act 164)
BETWEEN
KIM TAE HEE

AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
2022.
Before me,
……………………………………

“EXHIBIT KTH2-RESPONDENT’S IC”
WARGA
NEGAR
A
BUDDH
A
LELAKI

(FAMILY DIVISION)

1976 (Act 164)
BETWEEN
KIM TAE HEE

AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
2022.
Before me,
……………………………………

“EXHIBIT KTH3-MARRIAGE REGISTER”

(FAMILY DIVISION)

1976 (Act 164)
BETWEEN
KIM TAE HEE

AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
2022.
Before me,
……………………………………

“EXHIBIT KTH4-MARRIAGE CERTIFICATE”

(FAMILY DIVISION)

1976 (Act 164)
BETWEEN
KIM TAE HEE

AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
2022.
Before me,
……………………………………

“EXHIBIT KTH5-WOO KEE NA BIRTH CERTIFICATE”

(FAMILY DIVISION)

1976 (Act 164)
BETWEEN
KIM TAE HEE

AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
2022.
Before me,
……………………………………

“EXHIBIT KTH6-ING GAK SOOI BIRTH CERTIFICATE”

(FAMILY DIVISION)

1976 (Act 164)
BETWEEN
KIM TAE HEE

AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
2022.
Before me,
……………………………………

“EXHIBIT KTH7-PERAKUAN TRIBUNAL PERKAHWINAN”
LIM KA-SHING
883118-10-6234
KIM TAE HEE
893512-10-6434
NO. 535471
15 APRIL 2022
7 MEI 2022 1 JUN 2022
27 APRIL 2022 1 JUN 2022
21 FEBRUARI 2008

(FAMILY DIVISION)

1976 (Act 164)
BETWEEN
KIM TAE HEE

AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
2022.
Before me,
……………………………………

“EXHIBIT KTH8-ISSUE DOCUMENT OF TITLE”

(FAMILY DIVISION)

1976 (Act 164)
BETWEEN
KIM TAE HEE

AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
2022.
Before me,
……………………………………

“EXHIBIT KTH9-CAR REGISTRATION”

(FAMILY DIVISION)

1976 (Act 164)
BETWEEN
KIM TAE HEE

AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
2022.
Before me,
……………………………………

“EXHIBIT KTH10-JOINT BANK STATEMENT”

(FAMILY DIVISION)

1976 (Act 164)
BETWEEN
KIM TAE HEE

AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
2022.
Before me,
……………………………………

“EXHIBIT KTH11-WHATSAPP SCREENSHOT WITH RESPONDENT”

(FAMILY DIVISION)

1976 (Act 164)
BETWEEN
KIM TAE HEE

AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
2022.
Before me,
……………………………………

“EXHIBIT KTH12-WHATSAPP SCREENSHOT WITH RESPONDENT”

(FAMILY DIVISION)

1976 (Act 164)
BETWEEN
KIM TAE HEE

AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
2022.
Before me,
……………………………………

EXHIBIT KTH13-LETTER TO MINISTRY OF FOREIGN AFFAIRS”

(FAMILY DIVISION)

1976 (Act 164)
BETWEEN
KIM TAE HEE

AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
2022.
Before me,
……………………………………

“EXHIBIT KTH14-RESPONDENT’S ELECTRICITY BILL”

(FAMILY DIVISION)

1976 (Act 164)
BETWEEN
KIM TAE HEE

AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
2022.
Before me,
……………………………………

“EXHIBIT KTH15-SCREENSHOT OF CONVERSATION WITH BROTHER-IN-LAW”

(FAMILY DIVISION)

1976 (Act 164)
BETWEEN
KIM TAE HEE

AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
2022.
Before me,
……………………………………

“EXHIBIT KTH16-RESPONDENT’S PAYSLIP”

ENCLOSURE 3
(FAMILY DIVISION)
In the matter of Section 48, 53,

54(1)(c), 57, 76, 77, 88, 93, and 106 of
The Law Reform (Marriage and
Divorce) Act 1976 (Act 164)
AND
In the matter of Rules 21; 87(4)(a),

(b); 90) 80 and 81 of the Divorce and
BETWEEN
KIM TAE HEE
(NRIC: 893512-10-6434) ...PETITIONER
AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
AFFIDAVIT BY PETITIONER IN SUPPORT OF PETITION
Question Answer
1. Have you read your petition dated 27th Yes.

June 2022?

2. Do you wish to alter or add to any No.
statement in the petition? If so, state the
alterations or additions.
3. Subject to these alterations and additions Yes, everything in the petition is true and
(if any), is everything stated in your all the statements are true and none of
petition true? Indicate which statements these statements are untrue.
are true to your own knowledge and
which to the best of your information and
belief
4. State the date on which you and the 19th April 2020
respondent separated.
5. State briefly the reason or main reason for I was deserted by the respondent for a
separation. continuous period of 2 years without any
certainty about our marriage. He did not
contact me during those period.
6. When and in what circumstances did you In 2022 when I sought legal services at
conclude that the marriage was in fact at Ainun & Atikah & Partners to file a
divorce petition with the Respondent for
an end?
the desertion I endured by the respondent.
7. State as far as you know the various address at which you and the respondent have
respectively lived since the date given in the answer to Question 4, and the periods of
residence at each address:
Petitioner’s Address: Respondent’s Address:
No. 8, Jalan Kristal View 6/16, Seksyen 6, No. 3, Jalan Keranji, Taman Sri Temenggor,
40000 Shah Alam, Selangor Darul Ehsan 33300 Gerik, Perak Darul Ridzuan.
From 21st February 2008 until present. From 28th January 2021 until present.
8. Since the date in the answer to Question No. We have been living separately since
6, have you ever lived with the respondent then.
in the same household?

If so, state for which period or periods,
giving dates.
I, KIM TAE HEE (NRIC: 850831-10-5210) of No 8, Jalan Kristal View 6/16, Seksyen 6,
40000, Shah Alam, Selangor, a full-time housewife make an oath and say as follows -
1. I am the petitioner in this case.

2. The answers to Questions 1 to 8 above are true.
3. I identify the signature appearing on the copy acknowledgement of service now produced
to me and marked as “A” as the signature of my husband, the respondent in this cause.
4. I attached with this a copy of:-
a. Petitioner’s Identification Card has been marked as Exhibit KTH1.
b. Respondent’s Identification Card has been marked as Exhibit KTH2.
c. Marriage registration attached and marked as Exhibit KTH3.
d. Marriage certificate has been marked as Exhibit KTH4.
e. The Birth Certificates of the children are attached and marked as Exhibit KTH5
and KTH6.
f. The Perakuan Tribunal Perkahwinan from the reconciliation session is marked as
Exhibit KTH7.
g. The matrimonial home’s Issue Document of Title marked as Exhibit KTH8.
h. The Honda Jazz with the registration number VBS 3677 is marked as Exhibit
KTH9.
i. The CIMB Bank joint bank statement is marked as Exhibit KTH10.
j. The WhatsApp screenshot between the Petitioner and Respondent is marked as

Exhibit KTH11.
k. The WhatsApp screenshot between the Petitioner and Respondent is marked as

Exhibit KTH12.
l. The Letter to the Ministry of Foreign Affairs is marked as KTH13.

m. The Respondent’s Electricity bill is marked as KTH14.
n. The WhatsApp screenshot between the Petitioner and Respondent’s brother-in-law

is marked as KTH15.
o. The Respondent’s payslip is marked as KTH16.
I ask the Court to grant a decree dissolving my marriage with the respondent on the grounds stated
in my petition and to order the respondent to pay the costs of this suit or as the case may be.
Sworn by KIM TAE HEE ]

(893512-10-6434) ]
At Jabatan Pesuruhjaya Sumpah ]
In the State of Selangor ]
Dated this 27th JUNE 2022
Before me,
……………………………
TAN WEE KIONG
A Commissioner for Oaths
The AFFIDAVIT BY PETITIONER IN SUPPORT OF PETITION is filed by Ainun Atikah

& Partners, Solicitor for the Petitioner registered at address Office 4, AC 704, Academic Building
2, Universiti Teknologi MARA, 40450 Shah Alam, Selangor Darul Ehsan.

ENCLOSURE 4
(FAMILY DIVISION)
In the matter of Section 48, 53, 54(1)(c),

57, 76, 77, 88, 93, and 106 of The Law
(Act 164)
AND
In the matter of Rules 7; 8; 19(1), (2) and

(3); 56; 76; 80 and 81 of the Divorce and
BETWEEN
KIM TAE HEE

(NRIC: 893512-10-6434) ...PETITIONER
AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
STATEMENT AS TO ARRANGEMENT FOR CHILDREN
The present arrangements for Woo Kee Na (Birth Cert. K345123), and Ing Gak Sooi
(Birth Cert. L113756) are as follows:-
I. They are staying with the petitioner at No. 8, Jalan Kingsley 1A, Putra Heights,
47500 Subang Jaya, Selangor Darul Ehsan.

II. The first child is currently receiving her primary education at Maz International
School at 2, Jalan Kristal 7/64, Seksyen 7, 4000 Shah Alam, Selangor.
III. The second child is currently receiving his primary education at Maz International
School at 2, Jalan Kristal 7/64, Seksyen 7, 4000 Shah Alam, Selangor.
IV. They are financially supported by the Petitioner through monthly allowances from
her savings for RM6,000 for both children, and bear the expenses of the children
until they graduate from their first degree at a public or private university.
The arrangement proposed for the children in the event of a decree being granted are as
follows:
I. Both children will continue living with the petitioner and remain under her care.
II. The children will be staying with the petitioner at No 8, Jalan Kristal View 6/16,
Seksyen 6, 40000, Shah Alam, Selangor and remain under her care.
III. The respondent will provide full financial support for the children since the petitioner
is a full-time housewife and unemployed.
IV. The respondent may visit his children once every two weeks for each month and
overnight stay is allowed.
V. The respondent will continue to provide financial support to the children until they
finish their tertiary education.
The said children are not suffering from any serious disability or chronic illness or from the
effects of any serious illness
The said children are not under the care or supervision of a welfare officer or officer
appointed by a local authority or other person or organization.

Dated this 27th OF JUNE 2022
……………………………….
Solicitor for the Petitioner
The STATEMENT AS TO ARRANGEMENT OF CHILDREN is filed by Ainun Atikah &

Partners, Solicitor for the Petitioner registered at address Office 4, AC 704, Academic Building 2,
Universiti Teknologi MARA, 40450 Shah Alam, Selangor Darul Ehsan.

ENCLOSURE 5
(FAMILY DIVISION)
In the matter of Section 48(1); 53; 54(1)(c);

55; 57; 61; 76; 77; 88 and 93 of the Law
(Act 164)
AND
In the matter of Rules 21; 87(4)(a),(b); 90 of

the Divorce and Matrimonial Proceedings
Rules 1980
BETWEEN
KIM TAE HEE

(NRIC: 893512-10-6434) ...PETITIONER
AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
NOTICE OF PROCEEDING
TAKE NOTICE that a petition for divorce has been presented to this Honourable Court. A sealed
copy of it and a copy of the petitioner’s proposals regarding the children are delivered with this
notice.

1. You must complete and detach the acknowledgment of service and send it so as to
reach the Court within 8 days after you receive this notice, inclusive of the day of receipt.
Delay in returning the form may add to the costs.
2. If you wish to do so, you may send to the court a statement setting out your views
on the proposals regarding the children. If you send a statement it will be placed before the
Judge dealing with the arrangements for the child(ren) and a copy of your statement will be
sent to the petitioner.
3. If you reply to Question 4 in the acknowledgement is Yes, you must, within 21 days
after you receive this notice, inclusive of the day of receipt, file in the Court office an answer
to the petition together with a copy of every other party to the proceedings.
4. If the reply to Question 5 in the acknowledgment is Yes, the consequences to you

are that—
(a) Provided the petitioner establishes the fact that the parties to the marriage have
lived apart for two years immediately preceding the presentation of the petition a decree will
be granted unless, in the case of the petition for divorce, the Court is satisfied that the
marriage has not broken down irretrievably;
(b) Your right to inherit the petitioner if he or she dies without having made a will
ceases on the grant of a decree of judicial separation or on a decree nisi of divorce being
made absolute;
(c) In the case of divorce, the making absolute of the decree will end the marriage
there-by affecting any right to a pension that depends upon the marriage continuing or upon
your being left a widow;

(d) Apart from the consequences listed above there may be others applicable to you
depending on your particular circumstances. About these you should obtain legal advice
from a solicitor.
5. If after consenting you wish to withdraw your consent you must immediately
inform the court and give notice to the petitioner.
6. If the reply to Question 6 in the acknowledgment is Yes, you must, before the
decree is made absolute, make an application to the Court by filing and serving on the
petitioner a notice in Form 12, which may be obtained from the Court.
7. If you intend to instruct a solicitor to act for you, you should at once give him all
the documents which have been served on you, so that he may send the acknowledgment to
the Court on your behalf. If you do not intend to instruct a solicitor, you should nevertheless
give an address for service in the acknowledgment so that any documents affecting your
interests that are sent to you will in fact reach you. Change of address should be notified to
the Court.
…………………………………….

To:
Khadir & Co
Level 8, Bangunan Akademik 1,
Fakulti Undang-Undang
Universiti Teknologi Mara,
40450 Shah Alam,
Selangor Darul Ehsan
This NOTICE OF PROCEEDINGS is filed by Ainun Atikah & Partners, Solicitor for the
Petitioner registered at address Office 4, AL 704, Academic Building 2, Universiti Teknologi
MARA, 40450 Shah Alam, Selangor Darul Ehsan.

ENCLOSURE 6

(FAMILY DIVISION)
55; 57; 61; 76; 77; 88 and 93 of the Law
(Act 164)
AND
In the matter of Rules 12(5)(a); 13; 21 of the

Divorce and Matrimonial Proceedings Rules
1980
BETWEEN
KIM TAE-HEE
(NRIC: 893512-10-6434) ...PETITIONER
AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
ACKNOWLEDGEMENT OF SERVICE
1. Have you received the copy of the petition for divorce and its affidavit of support
delivered with this form?
Yes.
2. One what date and at what address did you receive it?

On 28th June 2022 at my current home address at No. 3, Jalan Keranji,
Taman Sri Temenggor, 33300 Gerik, Perak
3. Are you the person named as the Respondent in the petition?
Yes.
4. Do you intend to defend the case?

No.
5. Do you consent to a decree being granted?
Yes.
6. In the event of a decree nisi being granted on the basis of two years’ desertion on your
behalf, do you intend to apply to the Court for it to consider your financial position as it
will be after the divorce?
Yes.
7. Even if you do not intend to defend the case do you wish to be heard on the claim(s) in
the application for -
a. Costs. NO
b. Custody of the children NO
c. Periodical payments NO
d. Secured periodical payment NO
e. A lump sum provision NO
f. A settlement or transfer of property NO
g. Variation of a settlement NO
8. Do you wish to make any application on your own account for -

a. Access to the children NO
b. Custody of the children NO
c. Periodical payments or secured periodical payments for the children NO
d. Maintenance pending suit NO
e. Periodical payment or secured periodical payments for yourself NO
f. Lump sum provision NO
g. Settlement or transfer of property NO
h. Variation of a settlement NO

……………………….
KHADIR JAFLUS
Khadir & Co.
Solicitor for Respondent
Address for service:
Khadir & Co
Level 8, Bangunan Akademik 1,
Fakulti Undang-Undang
Universiti Teknologi Mara,
40450 Shah Alam,
Selangor Darul Ehsan

I, KIM TAE-HEE (NRIC: 893512-10-6434) of No. 8, Jalan Kristal View 6/16, Seksyen 6, 4000
Shah Alam, Selangor hereby make an oath and say as follows:
1. I am the petitioner in this case.

2. The answers to Questions 1 to 8 above are true.
3. I identify the signature appearing on the copy of acknowledgment of service now
produced to me and marked “A” as the signature of my husband, the respondent in this
cause.
4. I am producing my own copy of the Identification Card that has been marked as Exhibit
KTH1. The Respondent’s copy of Identification Card has been marked as Exhibit
KTH2. A copy of the marriage registration attached and marked as Exhibit KTH3. A
copy of the marriage certificate has been marked as Exhibit KTH4. Copies of the
children’s birth certificates that are attached and marked as Exhibit KTH5 and KTH6.
A copy of the Perakuan Tribunal Perkahwinan from the reconciliation session is marked
as Exhibit KTH7. A copy of the matrimonial home’s Issue Document of Title marked
as Exhibit KTH8. A copy of the vehicle grant of the Honda Jazz with the registration
number VBS 3677 is marked as Exhibit KTH9. A copy of the CIMB Bank joint bank
statement is marked as Exhibit KTH10. A copy of the WhatsApp screenshot between
myself and Respondent is marked as Exhibit KTH11. A copy of the WhatsApp
screenshot between myself and the Respondent is marked as Exhibit KTH12. A copy of
the Letter to the Ministry of Foreign Affairs is marked as Exhibit KTH13. A copy of the
Respondent’s Electricity bill is marked as Exhibit KTH14. A copy of the WhatsApp
screenshot between the Petitioner and Respondent’s brother-in-law is marked as Exhibit
KTH15. A copy of the Respondent’s pay slip is marked as Exhibit KTH16.
5. I ask the Court to grant a decree dissolving my marriage with the respondent on the
grounds stated in my petition.
KIM TAE HEE )

(NRIC:893512-10-6434) )
Sworn at )
COMMISSIONER OF OATH IN SHAH ALAM )

In the State of SELANGOR )
On this 1st July 2022 )
Before me,
….………………………………………………………
Commissioner for Oaths

ENCLOSURE 7

(FAMILY DIVISION)

55; 57; 61; 76; 77; 88 and 93 of the Law
(Act 164)
AND
Rules 29 and 30 of the Divorce and

BETWEEN
KIM TAE-HEE
(NRIC: 893512-10-6434) ...PETITIONER
AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
DIRECTION FOR TRIAL
To: Assistant Registrar

High Court,
Shah Alam, Selangor.

The above petitioner wife directs the registrar for trial in this matter. It is pleaded that the trial of
the petitioner wife will be conducted in the High Court of Shah Alam, Selangor Darul Ehsan. The
requested period of trial is approximately one hour only to be held on 8th July 2022.
Dated this 4th OF JULY 2022
…………..……………………
DANIEL QAYYIM
This DIRECTION FOR TRIAL is filed by Ainun Atikah & Partners, Solicitor for the Petitioner
registered at address Office 4, AC 704, Academic Building 2, Universiti Teknologi MARA, 40450
Shah Alam, Selangor Darul Ehsan.

ENCLOSURE 8
(FAMILY DIVISION)

55; 57; 61; 76; 77; 88 and 93 of the Law
(Act 164)
AND
Rules 45(1)(b) and 47(1) of the Divorce and

BETWEEN
KIM TAE-HEE
(NRIC: 893512-10-6434) ...PETITIONER
AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
DECREE NISI
AFTER READING the petition by the Petitioner Wife filed in this cause AND AFTER
HEARING solicitors for the Petitioner Wife and in the presence of both the Petitioner Wife and
the Respondent Husband, IT IS HEREBY PRONOUNCED that the Petitioner Wife had
sufficiently proved the contents of the said petition and ORDERED the marriage registered on

21st February 2008 at the Selangor National Registration Department located at Tingkat 7, Plaza
Masalam, No 1 Jalan Tengku Ampuan Zabedah E9/E, Seksyen 9, 40000, Shah Alam , Selangor
Darul Ehsan between Petitioner Wife, KIM TAE HEE and Respondent Husband, LIM KA-
SHING here be dissolved.
Dated this 11th day of JULY 2022
……………………………………………………
Registrar
High Court Shah Alam
This DECREE NISI is filed by Ainun Atikah & Partners, Solicitor for the Petitioner registered at
address Office 4, AL 704, Academic Building 2, Universiti Teknologi MARA, 40450 Shah Alam,
Selangor Darul Ehsan.

ENCLOSURE 9
(FAMILY DIVISION)

55; 57; 61; 76; 77; 88 and 93 of the Law
(Act 164)
AND
Rules 53(1), 54 and 55 of the Divorce and

BETWEEN
KIM TAE-HEE
(NRIC: 893512-10-6434) ...PETITIONER
AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
NOTICE OF APPLICATION FOR DECREE NISI TO BE MADE ABSOLUTE
TAKE NOTICE that the petition applies for the decree nisi pronounced in her favor on the 11th
of July 2022, to be made absolute.
Dated this on 13th OF JULY 2022.

…………………………
DANIEL QAYYIM
Ainun Atikah & Partners,
Advocates & Solicitors
This NOTICE OF APPLICATION FOR DECREE NISI TO BE MADE ABSOLUTE is filed

by Ainun Atikah & Partners, Solicitor for the Petitioner registered at address Office 4, AL 704,
Academic Building 2, Universiti Teknologi MARA, 40450 Shah Alam, Selangor Darul Ehsan.
(Ref No.: AAP/FM(D)/2022/KTH/DQ/MA

ENCLOSURE 10
(FAMILY DIVISION)
In the matter of Section 48(1); 53;

54(1)(c); 55; 57; 61; 76; 77; 88 and 93
of the Law Reform (Marriage and
Divorce) Act 1976 (Act 164)
AND
In the matter of Rules 55(2) & (4) of

the Divorce and Matrimonial
Proceedings Rules 1980
BETWEEN
KIM TAE-HEE
(NRIC: 893512-10-6434) ...PETITIONER
AND
LIM KA-SHING
(NRIC: 883118-10-6234) ...RESPONDENT
CERTIFICATE OF MAKING DECREE NISI ABSOLUTE
Referring to the decree made in this cause on the 11th July 2022, whereby it was decreed that the
marriage solemnized on the 21st of February 2008 at Selangor National Registration Department
in Shah Alam between KIM TAE-HEE (NRIC: 893512-10-6434), the Petitioner and LIM KA-
SHING (NRIC: 883118-10-6234), the Respondent be dissolved unless sufficient cause be shown
to the court within 7 days from the making thereof why the said decree should not be made
absolute, and no such cause having been shown, it is hereby certified that the said decree was on
the 11th July 2022 made final and absolute and that the said marriage was thereby dissolved.
Dated this on the 11th October 2022.
………………………
Registrar
High Court of Shah Alam
This CERTIFICATE OF MAKING DECREE NISI ABSOLUTE (DIVORCE) is filed by

Ainun Atikah & Partners, Solicitor for the Petitioner registered at address Office 4, AL 704,
Academic Building 2, Universiti Teknologi MARA, 40450 Shah Alam, Selangor Darul Ehsan.

CASES REFERRED

B v P [1998] 5 MLJ 787

LOW WAN KWONG v LAU KIING TIING [1975] 1 ML7 217


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BACHELOR OF LAW (HONS) (LW224)

NON-CONTENTIOUS LEGAL MATTERS (FAMILY) (LAW600)

NAME STUDENT ID GROUP

DANIEL QAYYIM BIN HASDI 2019339359 LWH07E

(FOR ACADEMIC PURPOSES ONLY)

The respondent is a son of a prominent senior manager of an international hedge fund in

(FOR ACADEMIC PURPOSES ONLY)

(FOR ACADEMIC PURPOSES ONLY)

(FOR ACADEMIC PURPOSES ONLY)

(FOR ACADEMIC PURPOSES ONLY)

IN THE HIGH COURT OF MALAYA AT SHAH ALAM

PETITION FOR DIVORCE NO: BA-33-66-06/2022

I n the matter of Section 48, 53, 54(1)(c),

In the matter of Rules 53(1) of the Divorce

NOTICE OF APPOINTMENT OF SOLICITOR (EX-PARTE)

(FOR ACADEMIC PURPOSES ONLY)

DANIEL QAYYIM BIN HASDI KIM TAE-HEE

This NOTICE OF APPOINTMENT OF SOLICITOR (EX-PARTE) is filed by Ainun Atikah

(FOR ACADEMIC PURPOSES ONLY)

PETITION FOR DIVORCE NO: BA-33-66-06/2022

In the matter of Section 48, 53, 54(1)(c), 57,

In the matter of Rules 7; 8; 19(1), (2) and

KIM TAE HEE

PETITION FOR DIVORCE

(FOR ACADEMIC PURPOSES ONLY)

2. Their marriage is registered at the Selangor National Registration Department in Shah

Name Age Education Gender Birth Exhibit

Woo Kee 12 Maz Female K345123 KT5

Ing Gak 7 Maz Male L113756 KT6

(FOR ACADEMIC PURPOSES ONLY)

No Date Type of session

(i) 27th April 2022 Single session with the Petitioner

(ii) 7th May 2022 Single session with the Respondent

(iii) 1st of June 2022 Joint session

9. The following are the matrimonial assets of the marriage;

(FOR ACADEMIC PURPOSES ONLY)

c. Cash amounting to RM 500,000.00 in the Joint Account of CIMB Bank Berhad is

11. The particulars are as follows: -

(FOR ACADEMIC PURPOSES ONLY)

(FOR ACADEMIC PURPOSES ONLY)

expenses and education until she completes her tertiary education.

(FOR ACADEMIC PURPOSES ONLY)

15. The Petitioner therefore prays—

d. That she may be granted the following ancillary relief of maintenance:

ii. Transfer the Respondent’s full rights of matrimonial assets as proposed.

f. For other reliefs that the court deems fit.

The Petitioner’s address for service is

(FOR ACADEMIC PURPOSES ONLY)

Dated on 27th OF JUNE 2022

DANIEL QAYYIM KIM TAE HEE

(FOR ACADEMIC PURPOSES ONLY)

PETITION FOR DIVORCE NO: BA-33-66-06/2022

In the matter of Section 54(1)(c) of The

KIM TAE HEE

CERTIFICATE IDENTIFYING EXHIBIT

(FOR ACADEMIC PURPOSES ONLY)

PETITION FOR DIVORCE NO: BA-33-66-06/2022

In the matter of Section 54(1)(c) of The

KIM TAE HEE