Court approves PR's appeal for maintenance here
by Amanda Lee
Updated 09:04 PM Oct 22, 2012
SINGAPORE - A High Court Judge has allowed an appeal by a woman, whose husband objected to her application for maintenance here. He felt India was the more appropriate forum to determine the question of divorce and maintenance.
The couple, both Indian nationals who were married in India in 2005, had relocated to Singapore in January 2008, and became Permanent Residents here about a year later.
The couple, who were not named in the judgment released last Thursday, lived with their son in their matrimonial home until October 2010, when the wife took the boy and left for India. The husband continues to be employed here.
In September last year the wife sought maintenance here from the husband, while the husband filed for divorce in India around October or November in the same year.
Allowing the woman's appeal, Judge of Appeal Chao Hick Tin felt that the husband has not discharged the burden of showing that India is clearly or distinctly a more appropriate forum.
Justice Chao felt that the District Judge had erred in not giving sufficient consideration to the fact that the husband is residing and working in Singapore. Further, Justice Chao felt that the court in Singapore is "as well placed as any other" to rule on the issue of maintenance.
He said the advantage of an Indian court "is at best limited" because the wife has stated that she intends to return to live in Singapore, while the court shall also have to take into account the standard of living enjoyed by the wife and the son here.
The wife was represented by Harry Elias Partnership's Mr Koh Tien Hua, while the husband was represented by Mr Raymond Yeo.
