EB v EC: Divorce, Maintenance of Stepchildren - Duty to Maintain

In the divorce case of *EB v EC*, the High Court of Singapore heard an appeal regarding the maintenance of the petitioner's (EB) children from a previous marriage by the respondent (EC). The primary legal issue was whether the respondent had a continuing duty to maintain the stepchildren after the petitioner left the matrimonial home. The court dismissed the respondent's appeal, finding that while Section 70 of the Women's Charter applied, the respondent could not avail himself of Section 70(2) under the circumstances.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Family

1.4 Judgment Type

Judgment reserved

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case concerning the duty of a husband to maintain his wife's children from a previous marriage after separation. The court dismissed the husband's appeal.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
EBPetitionerIndividualAppeal DismissedNeutral
ECRespondent, AppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

4. Facts

  1. Mr. EC and Mdm. EB married on 13 May 2000.
  2. EB had two children, A and B, from a previous marriage.
  3. EC and EB have one child, C, born in 2002.
  4. EB left the matrimonial home in November 2003 and filed for divorce.
  5. EB sought maintenance for herself and the three children.
  6. DJ Ow ordered EC to pay $300 each for A and B, and $400 for C.
  7. EC appealed, then withdrew the appeal, and later applied to rescind the order, which was dismissed.

5. Formal Citations

  1. EB v EC (divorce: maintenance of stepchildren), D 603972/2003, [2006] SGHC 44

6. Timeline

DateEvent
Mr. EC and Mdm. EB were married.
Child C was born.
The petitioner left the matrimonial home.
She filed a petition for divorce.
District Judge Ow made an order for the respondent to pay maintenance of $1,000 per month for the three children.
The respondent filed an application to rescind or vary DJ Ow’s order.
DJ May Loh dismissed the respondent’s application.
A decree nisi was granted by DJ Thean.
District Judge Valerie Thean made orders in respect of various ancillary matters.
Judgment reserved.

7. Legal Issues

  1. Duty to Maintain Stepchildren
    • Outcome: The court held that Section 70 of the Women's Charter applied, but the husband could not avail himself of Section 70(2) under the circumstances.
    • Category: Substantive

8. Remedies Sought

  1. Maintenance for children

9. Cause of Actions

  • Divorce
  • Maintenance of child

10. Practice Areas

  • Divorce
  • Family Law
  • Child Maintenance

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women's Charter (Cap 353, 1997 Rev Ed)Singapore
Women's Charter (Cap 353, 1997 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Maintenance
  • Stepchildren
  • Divorce
  • Women's Charter
  • Matrimonial Home
  • Duty to Maintain

15.2 Keywords

  • Divorce
  • Maintenance
  • Stepchildren
  • Family Law
  • Singapore
  • Women's Charter

17. Areas of Law

16. Subjects

  • Family Law
  • Divorce Law
  • Child Maintenance