PETALING JAYA: In a recent High Court ruling, a post-nuptial agreement permitting a husband to maintain a mistress has been deemed valid.
According to Free Malaysia Today, the wife voluntarily entered into the accord with her husband in August 1997 and one of the terms of their agreement allowed the husband to have a mistress at any given time.
But in October 2020, the wife left their home with the children referencing her husband’s adultery and behaviour.
She then went on to petition for divorce and sought maintenance for herself and two of their children, the equal division of matrimonial assets, and damages from a co-respondent whom she accused of committing adultery with her husband.
The wife also argued that the postnuptial agreement was enforceable as he had executed it in ignorance, and under pressure and duress.
The judge ruled that the husband’s act of keeping another woman was not illegal and that the wife had voluntarily entered into the accord with her husband and that she had signed the agreement in the presence of witnesses and initialled every page.
According to the judge, such agreements between non-Muslim spouses hold statutory recognition under Section 56 of the Law Reform (Marriage and Divorce) Act 1976.
The wife was also not entitled to rely on Section 54(1)(a) of the 1976 Act to cite adultery as the cause of their marriage breaking down as she had tolerated the husband’s infidelity.
The judge granted the couple a divorce and ordered the husband to pay the wife RM10,000 for spousal maintenance and another RM6,000 for the maintenance of two of their children.
Orders were also made to distribute the couple’s matrimonial assets including immovable properties, vehicles, money, and shares in companies.
The judge however rejected the claims for damages from the co-respondent, having ruled that there was no proof of adultery.
