FACTS FAMILY: DIVORCE

Section 54(1)(c) of the Law Reform (Marriage and Divorce) Act 1976: The respondent has
deserted the petitioner for a continuous period for at least 2 years immediately preceding the
presentation of the petition.

Husband/ The Petitioner:

Jason Leong (840211-10-5771)

019 6501908

No. 73, Jalan Kemuning Permai 33/154, Kemuning Residence, Section 33, 40400 Shah Alam,
Selangor Darul Ehsan

Businessman

Wife/ The Respondent:

Stephanie Kwong (840824-10-6532)

013 5476423

No. 34, Jalan Kristal 7/63A, Section 7, 40000 Shah Alam, Selangor Darul Ehsan

Housewife

FACTS

Stephanie Kwong and Jason Leong met each other in year 2005 when they were both business
students in University of Malaya. They were married 21st January 2010 and the marriage was
solemnized and registered in Shah Alam, Selangor. Stephanie Kwong is a housewife whereby
Jason Kwong is a businessman. They have two children, a boy and a girl aged five years and four
years. On 1st September 2015, Jason Leong decided to petition for a divorce under section 54 (1)
(c) of the Law Reform Marriage on the ground of his wife has deserted him for a continuous
period for two years.
The marriage was doomed to failure from the very beginning because trouble started on the very
first night of the marriage. On the first night of their marriage, there was a small wedding party at
their house at which admittedly some liquor was consumed. After the departure of the guests at
about 9.30 p.m., Stephanie who was a woman of ungoverned temper, accused Jason of being a
drunkard and ordered him out of the bedroom. Jason was completely shocked by the conduct of
his wife. He pleaded with her and asked her not to get angry merely because he had had some
drinks with friends, but she was adamant and again asked him to leave the room. He took a
blanket and a pillow and slept in the lounge.

On the day after the wedding night, the couple did not speak to each other in the morning, but
got reconciled in the evening. The days of their marriage went on and Stephanie would find any
excuse to pick up quarrels and fights and ask Jason to get out of their bed. Instead of quarrelling
with her, Jason would take a blanket and a pillow and sleep on the carpet on the floor. She would
often make scenes at the slightest provocation and would not talk to him for two or three days.
This would cause him pain and he would eventually plead with her. He never quarreled with her,
but she nagged, scolded and bullied him. When she became very angry, she would start
murmuring, waving her hands and sometimes become hysterical and fall on the ground.

On 25th December 2012, Jason came home late because he had to attend a meeting, and on his
way back he had a glass of beer with his friends and officemates. Even though he was fond of
alcohol, he had never taken liquor in excess. Stephanie suddenly lost her temper and accused
Jason of being drunk again and pick up quarrels. On the same night, Stephanie packed up her
clothes and left the house with both of their children. She then stayed with her parents at No. 34,
Jalan Kristal 7/63A, Section 7, 40000 Shah Alam, Selangor Darul Ehsan. Two days after the
incident, Jason telephoned to say he was sorry and but she refused to come back to their
matrimonial home and said she did not intend to continue her life with Jason.

Since leaving her matrimonial home on 25th December 2012, Stephanie has not resumed
cohabitation with Jason. From January 2013 to January 2015, Jason visited Stephanie at her
parents’ house on several occasions with a view to bringing about reconciliation. However, all
his efforts at reconciliation failed. On 14 February 2015, Stephanie send a text message to Jason
asking him not to press her any further regarding her living with him.
Jason soon realised that he was unwanted and intended to petition for divorce. On 17th March
2015, he submitted an application to refer his matrimonial difficulty at the Marriage and Divorce
Division of the National Registration Department at Plaza Masalam, Shah Alam. His
matrimonial difficulty had been referred to the Marriage Tribunal at the National Registration
Department. Both Jason and Stephanie attended the counseling session at the Marriage Tribunal.
Nevertheless, the attempt to reconcile them by the Tribunal was met with failure and the
Marriage Tribunal had issued a Certificate of Tribunal as it failed to bring Jason and Stephanie
back together.

On 1st September 2015, Jason approached Messrs Marinah & Co in order to file a petition for
divorce.