Mistress ordered to pay RM200,000 for wrecking 50-year marriage

SHAH ALAM – The Kuala Lumpur High Court has ruled that a 38-year-old woman, named as a respondent in a judicial separation case, must pay RM200,000 in damages to a housewife for causing the breakdown of a marriage that lasted five decades.

News portal Free Malaysia Today reported that Judge Evrol Mariette Peters also ordered the 74-year-old husband—who was found guilty of infidelity—to pay a lump sum of RM205,000 in spousal maintenance to his 72-year-old wife.

Additionally, the judge ruled that the couple’s matrimonial assets be divided equally, despite the husband—identified as Pai—denying any affair and claiming he suffered from erectile dysfunction.

The husband’s mistress, referred to as Kai, was also directed to pay RM100,000 in legal costs to the wife, known as Hai.

Strong evidence of infidelity

Peters said that the evidence presented a compelling and consistent narrative of an extramarital affair between the husband and his mistress.

Key proof included Pai spending nights at Kai’s residence in Singapore, their attempts at conceiving through in vitro fertilisation (IVF) and the husband's own admission of the affair to his wife.

Given this, the judge dismissed PAI’s claim that he was physically incapable of engaging in sexual activity.

"Throughout the trial, he argued that his erectile dysfunction meant he had no intimate relationship with his wife and that he was incapable of being unfaithful.

“However, he failed to provide medical records, expert testimony or any supporting documents to back his claim," she ruled.

Pai also attempted to justify the IVF procedure by citing his inability to conceive naturally, but Peters clarified that impotence and infertility are not necessarily linked.

"The fact that a man cannot impregnate a woman does not automatically mean he is incapable of having sexual relations," she added.

Mistress held accountable

The court determined that Kai was fully aware of the husband's marriage and responsibilities, making her actions even more egregious.

"By continuing the affair, she showed complete disregard for the emotional well-being of the wife," Peters stated.

Email exchanges between the husband and his mistress revealed that Kai had actively pressured him to divorce his wife, further destabilising the marriage.

"Her attempts to conceive a child through IVF demonstrated her intent to establish a lasting bond with the man," the judge noted.

As a result, the court ruled that Kai was liable for damages and legal costs.

Fair asset division

While Peters rejected a feminist approach to asset division—cautioning against potential bias—she ruled that awarding half of the couple’s assets to the wife was justifiable.

The judge acknowledged that Hai had sacrificed her career and any financial independence to dedicate herself to her family.

"Raising six children and supporting three grandchildren required immense time, energy and commitment," she said.

Evidence also showed that the wife had cared for her husband during periods of illness.

Married since 1977, Hai had put aside her professional ambitions—despite holding a diploma in business studies—to be a homemaker, while her husband built a successful business empire.

Legal action and divorce filing

In September 2022, Pai allegedly admitted to the affair, prompting Hai to file for judicial separation a month later.

She sought spousal maintenance, half of all assets accumulated during the marriage, and legal action against the mistress for her role in the collapse of their relationship.

The case marks a significant ruling in Malaysia, holding third parties accountable for their role in marital breakdowns.