GIRISH CHANDRA A/L HEMRAJ SHASTRI v XXXX

w-02w-475-03-2022 Court of Appeal (Mahkamah Rayuan) 28 September 2025 • W-02(W)-475-03/2022 • 45 min read
12 cases cited (0 SG, 12 foreign)

Catchwords

Marriage and Divorce – Division of Matrimonial Assets – Section 76, Law Reform (Marriage and Divorce) Act 1976 – Whether Setapak Shoplot and Titiwangsa House constituted matrimonial assets – Whether sale and transfer of properties were bona fide – Whether resulting trust could be invoked where companies not joined as parties – Whether High Court correctly exercised discretion under Section 76. Company Law – Separate Legal Personality – Whether Hemraj Sdn Bhd and Mahalaxmi Sdn Bhd should have been joined as parties – Effect of non-joinder – Whether transfer of matrimonial property to related company constituted mala fide disposal. Equity – Resulting Trust – Requirement of contribution and intention – Whether respondent’s indirect contribution sufficient to create beneficial interest – Whether presumption of resulting trust rebutted. Evidence – Burden of Proof – Sections 101–102 Evidence Act 1950 – Whether respondent discharged burden to prove contribution – Whether appellant proved that transfers were bona fide. Family Law – Contribution (Direct and Indirect) – Consideration of non-financial contributions – Length of marriage – Welfare of child – Discretion of court in assessing equitable division. Property – Sale and Transfer – Whether transfer to related company intended to defeat respondent’s claim – Whether mala fide established. Appellate Review – Scope of Interference – Whether appellate court should disturb findings of fact – Whether discretion exercised judicially by trial judge.

Practice Areas

Marriage and Divorce

Judges (3)

Ahmad Kamal bin Md. Shahid Coram Azhahari Kamal bin Ramli Delivered S. Nantha Balan a/l E.s. Moorthy Coram

Counsel (6)

S. Rajinder & Co Firm Shahrizat Rashid & Lee Firm Dato' Seri Rajan Navaratnam Counsel Appellant Muhammad Muzammil bin Abdul Halim Counsel Appellant Rajinder Kaur a/p Sukhdev Singh Counsel Respondent Sheena Stephanie Sebastian Counsel Appellant

Parties (2)

Girish Chandra a/l Hemraj Shastri Appellant Xxxx Respondent

Case Significance

GIRISH CHANDRA A/L HEMRAJ SHASTRI v XXXX is a Court of Appeal (Mahkamah Rayuan) decision dated September 28, 2025 (citation: w-02w-475-03-2022). <p>This was a matrimonial appeal where the husband challenged the division of assets following a divorce. The Court of Appeal allowed the appeal in part regarding a shoplot transferred to a family company, but affirmed the order regarding the Titiwangsa House, finding the transfer was made in mala fide to defeat the wife's claim, and ordered 50% of the current market value to be paid to the wife.</p> The panel comprised Ahmad Kamal bin Md. Shahid, Azhahari Kamal bin Ramli and S. Nantha Balan a/l E.s. Moorthy, with Azhahari Kamal bin Ramli delivering the judgment. Counsel appearing: Dato' Seri Rajan Navaratnam (counsel for appellant), Muhammad Muzammil bin Abdul Halim (counsel for appellant), Rajinder Kaur a/p Sukhdev Singh (counsel for respondent), Sheena Stephanie Sebastian (counsel for appellant).

Summary

This was a matrimonial appeal where the husband challenged the division of assets following a divorce. The Court of Appeal allowed the appeal in part regarding a shoplot transferred to a family company, but affirmed the order regarding the Titiwangsa House, finding the transfer was made in mala fide to defeat the wife's claim, and ordered 50% of the current market value to be paid to the wife.

What was the outcome of GIRISH CHANDRA A/L HEMRAJ SHASTRI v XXXX?

<p>This was a matrimonial appeal where the husband challenged the division of assets following a divorce. The Court of Appeal allowed the appeal in pa...

Cases Cited (12)

MY (12)
[1983] 2 MLJ 320 [1994] 1 MLRH 211 [1994] 2 CLJ 390 [1994] MLJU 531 [1997] 1 CLJ 375 [1999] 3 CLJ 143 [1999] 3 MLJ 481 [2004] 2 MLRH 394 [2004] 8 CLJ 105 [2008] 4 CLJ 105 [2022] 2 CLJ 497 [2022] 2 MLJ 119