A Malaysian man who abandoned his paralysed wife at a charity home, left their daughter at a children’s care centre and moved in with his mistress has been ordered to pay maintenance to his former wife for the rest of her life.
Alor Star High Court judge Dr Mohammad Johan Lee described the husband’s actions as extraordinarily cruel during divorce proceedings initiated on behalf of the woman by her mother.
One of the most heartbreaking moments in the trial came when the woman’s mother was asked why her bedridden daughter needed monthly maintenance.
“Sebab dia nak hidup” (Because she wants to live), she replied.
Johan described the four-word response as devastating, reflecting the woman’s desperate struggle to survive.
In his grounds of judgment dated Oct 19, the judge said the husband had effectively deserted his wife by leaving her at a charity home while retaining exclusive possession of their matrimonial resources.
“Leaving a paralysed wife in a charitable home while he retained exclusive possession of the matrimonial resources constitutes constructive desertion,” he said.
The court ordered the former husband to pay RM1,500 in monthly maintenance to his ex-wife for the remainder of her life, along with RM340,000 representing her half-share of their matrimonial home.
His mistress, identified as CAN, was also ordered to pay RM50,000 in damages for adultery.
The wife, identified as OMS, married LTK on June 20, 2014, and gave birth to their daughter the following year.
After childbirth, OMS developed spinocerebellar ataxia (SCA), a progressive neurodegenerative disease that eventually left her quadriplegic, bedridden and unable to speak.
As her condition worsened, the court heard that LTK increasingly neglected his family and physically abused his wife. He also began an affair with his boss.
Their daughter, now 11, testified that neighbours sometimes brought them food because her father failed to provide meals. She also witnessed him assaulting her mother.
On Nov 10, 2021, LTK placed his paralysed wife at Good Heart Charity Home and sent their daughter to Pusat Penjagaan Kanak-Kanak Superkids before moving in with his mistress and travelling overseas with her.
The court heard evidence that LTK and CAN had repeatedly travelled to Thailand for overnight stays and lived under the same roof, establishing that adultery had taken place.
Johan rejected LTK’s attempt to challenge the divorce petition on the grounds that his disabled wife could not initiate proceedings through her mother without prior court approval.
The judge said accepting such an argument would allow an able-bodied husband to abuse and abandon his helpless wife while escaping accountability because her disability prevented her from pursuing justice.
“Law is an instrument of justice, not a refuge for cruelty,” he said.
Although the court acknowledged that OMS had her own shortcomings, including alcohol dependency and abusive communications with her husband, Johan stressed that these did not excuse LTK’s violence, infidelity and abandonment.
The court also addressed the welfare of the couple’s daughter, who told the court that she feared her father and considered the care centre her home.
Johan allowed her to remain at Superkids and rejected overnight visitation with her father, citing her welfare.
LTK was ordered to pay RM400 monthly towards his daughter’s upkeep, deposit RM300 into her savings account and cover her education and medical expenses until she completes tertiary education.
