Finally, Judge who applies the Woman Charter Fairly

[Ktglfc]

Maintenance not an unalloyed right of women: Judge

Source: Straits Times

Date: 22 Apr 2014

Author: K.C. Vijayan


He says even token sum would be wrong if protection is not needed

A JUDGE debunked the idea that maintenance was an "unalloyed right" of a woman and suggested a wider Marriage Charter might someday replace the current Women's Charter.

Justice Choo Han Teck said a woman who is truly independent and equal in a marriage would not need patronising gestures of maintenance, which belie "deep chauvinistic thinking".

His comments came in decision grounds released yesterday explaining why he rejected a woman's $120,000 maintenance claim from her former spouse after their 10-year marriage ended in 2012.

He noted the idea for women to seek maintenance evolved out of the 1961 Women's Charter that was passed to protect women when many were housewives supported by their husbands.

But this was "yoked to an old attitude that should be changed", he said. "If it were to continue even where the protection is no longer needed, it might lead to the suppression of women in the name of chivalry."

He added to award her even a token sum "would be wrong if it was merely symbolic. That symbol for women has to be torn asunder in fact and in spirit".

He said the time may come for a "wider, more encompassing Bill" suitably named the Marriage Charter but stressed it was for Parliament to decide " when that moment might be".

The couple, he a 47-year-old senior prison officer and she a 48-year-old regional sales manager of a multinational firm, married in 2002 and lived apart after six years. She has a 17-year-old son from a previous marriage whom he adopted and for whose maintenance he pays $1,000 a month, which the court upheld. The parties cannot be named under the law.

At issue was the $120,000 lump sum maintenance she sought, "presumably" computed at $1,000 a month for their decade-long marriage, noted the judge.

The woman earned slightly more than he did. She grossed $215,900 in annual income according to her 2010 income tax returns. They kept and spent their personal income separately and were financially independent of each other. She had more assets than him.

Justice Choo said there should be no maintenance order if the court as in the present case finds she had not depended on her former spouse before and will not rely on any future maintenance monies. Nor should there be an order for "no maintenance but with liberty to apply", which would apply in cases such as where the former husband is ill but subsequently recovers to be able to pay maintenance.

"If women were to be treated as equal to men in marriage and in divorce, this distinction is important."

The woman's lawyer, Ms Helen Chia, had pointed out she had been devoted to husband and child while juggling her full-time job. Justice Choo said this was taken into account when they agreed on how matrimonial assets should be divided.

He added this was not an exceptional case, pointing to a recent High Court ruling in which the wife applied for maintenance and was denied as she was a business-savvy woman who could hold her own. Lawyers said the judge's remarks were a recognition of changing financial realities in spousal relationships.

Lawyer Anuradha Sharma, who represented the husband, said: "The Women's Charter is still needed now but the judge is looking ahead to laws that will keep apace with the updated status of the respective spouses."

Finally, here is a judge who is willing to apply the Women's Charter fairly with common sense :)

[Vid]

Oh yeah oh yeah...!!! Finally someone with a brain

[Jman888]

this was not the first case for wife seeking unreasonable amount lah, there were quite a few case that the court rejected the demand, not many was published.

[Picnic06-Biante15]

Oh yeah oh yeah...!!! Finally someone with a brain

 

Can ask him to look into AWARE also after this Woman Charter....

[TVT]

Yeah, finally!!

[Vid]

 

Can ask him to look into AWARE also after this Woman Charter....

 

That level may be too high for the judge. Need to go parliament to do that.

[Mockngbrd]

nnb chao digger spotted

 

The woman earned slightly more than he did. She grossed $215,900 in annual income according to her 2010 income tax returns. They kept and spent their personal income separately and were financially independent of each other. She had more assets than him.

 

[Myxilplix]

[Wyfitms]

thing that caught my eye was that a senior prison officer earns slightly less than 215K?

 

think i should go apply for a job there now. Free uniform and food. And maybe even accommodation if i dont mind sleeping in an empty cell

[Ktglfc]

Wow, $215 k a year, and thats nearly $18,000 per month.

Thats freaking alot of money leh !

 

Still asking for maintenance money, is a bit too much.

[Toothiewabbit]

AWARE not pissed meh?

[Jman888]

thing that caught my eye was that a senior prison officer earns slightly less than 215K?

 

think i should go apply for a job there now. Free uniform and food. And maybe even accommodation if i dont mind sleeping in an empty cell

the husband is the prison officer right? the wife make $215k a year lah not him.

[Enye]

Wow, $215 k a year, and thats nearly $18,000 per month.

Thats freaking alot of money leh !

 

Still asking for maintenance money, is a bit too much.

 

this is MCF

 

$18k per month is low income hor

 

still cannot afford to buy car in Singapore according to one elite here

 

wah both earn around 200k pa each

 

and fighting over 120k?

 

 

Edited April 22, 2014 by Enye

[Wyfitms]

the husband is the prison officer right? the wife make $215k a year lah not him.

 

it was said that the husband earns slightly less than the wife..

 

i would gauge slightly less to be 10% lower? so it will still be close to 200K, not bad for an iron rice bowl

[Baal]

thing that caught my eye was that a senior prison officer earns slightly less than 215K?

 

think i should go apply for a job there now. Free uniform and food. And maybe even accommodation if i dont mind sleeping in an empty cell

 

I share the exact same sentiments. So slighty less = 10% = $193.5k / Annum ?

 

12k per mth, 12 mths = 144k.

Balance 49.5k = 2.9 mths bonus.

Edited April 22, 2014 by Baal

[Xefera]

the husband is the prison officer right? the wife make $215k a year lah not him.

 

Read text carefully, it was mentioned that the guy earned slightly less than the woman.

even if given a 10% discount, that would still be $16k a month inclusive of bonus.

[Knoobie]

the husband is the prison officer right? the wife make $215k a year lah not him.

the judge says the prison officer earned slightly less than the wife.

 

and the wife earns $215k last year..

 

Unless 6months bonus + AWS, it will amount to over 10k/mth..

 

Probably senior prison warden earning 7-8k/mth?

anyway, kudos to a sane judge!! want equal rights comes with equal benefits!!

[Xefera]

 

 

wah both earn around 200k pa each

 

and fighting over 120k?

 

 

the judge speaks the mentality of the guy, why should i give since the woman is self-independent and spends her on money? and how do you know that the guy is not feeding a kampong himself ie. old-age parents, siblings, etc?