Study on Family Law Section 95

Added on - 21 Apr 2020

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Running head: FAMILY LAWFamily LawName of the studentName of the universityAuthor note
1FAMILY LAWIssueThe issue in this case is to find out whether X can claim divorce from Y or not in accordance tothe Women Charter 2009.RuleAccording to section 95 (1) of the Women Charter 2009 any of the parties involved in a marriagehas the right to file a writ in relation to a divorce where the relationship of marriage betweenthem has irretrievably broken down.According to section 95(2) of the WC, the court which hears the proceedings shall as far as it isreasonable to do so can, investigate into the situations which have been alleged as leading orcausing the irretrievably breakdown of the marriage relationship. Where the court is satisfiedupon investigation that it would be just and reasonable to dissolve the marriage based on suchsituation the court may pass an order of dissolution.The court in accordance to Subsection 3 would not hold that the marriage has broken downirretrievably and subsequently not provide a divorce unless a few specific situations laid down inthe subsection have taken place.(b) The defendant behaved in such a way that it cannot be reasonably expected from the plaintiffto stay with the defendant any further.In the case of Teo Hoon Ping v Tan Lay Ying Angeline [2009] SGHC 244 divorce had beengranted by the court on the basis of the provisions of section 95 that the marriage has brokendown in irretrievably because the appellant had acted in such a way that his wife could not bereasonably expected to live with him any further. The appeal has been dismissed by the court. In
2FAMILY LAWthis case the wife had made a complaint that the husband was not being loving and caring in therelationship and was also not treating the wife with respect. The wife had also made complaintsin relation to violent outburst and unstable behavior of the husband (Quah, 2015).(c) The defendant had deserted the plaintiff for a minimum period of two years immediatelybefore the writ has been filed.(d) The parties involved in the marriage had been apart for a period of three years continuouslyimmediately before the writ has been filed and the defendant has consented to the grant of suchjudgment.(e) The parties involved in the marriage had been apart for a period of four years continuouslyimmediately before the writ has been filed.In the case of Ho Kiang Fah v Toh Buan Eileen [2009] SGHC 19 an appeal had been madeagainst the decisions of the district court. The district court in the case had granted a divorcepetition in favor of the respondent as the appellant had been living in separation from therespondent for more than a period of four years. The court of appeal rejected the appeal in favorof the respondent and held that she had sufficient grounds to claim divorce under section 95(3)(c) (Witte & Hauk, 2017).According to subsection 4 the court may consider any circumstances which include the conductof the parties as well as the interest of the children to the marriage if any in order to determinewhether it would be reasonable and just to give a judgment. However if the court finds out that itwould be unreasonable to dissolve the marriage under all circumstances the court would dismissthe application of the divorce.
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