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 Court1.2 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
3. Judges
Judge Name | Title | Delivered Judgment |
---|---|---|
Woo Bih Li | Judge | Yes |
4. Counsels
Counsel Name | Organization |
---|---|
Christopher Yap | Christopher Yap & Co |
Pauline Anthony | Pauline Anthony & Co |
4. Facts
- Mr. EC and Mdm. EB married on 13 May 2000.
- EB had two children, A and B, from a previous marriage.
- EC and EB have one child, C, born in 2002.
- EB left the matrimonial home in November 2003 and filed for divorce.
- EB sought maintenance for herself and the three children.
- DJ Ow ordered EC to pay $300 each for A and B, and $400 for C.
- EC appealed, then withdrew the appeal, and later applied to rescind the order, which was dismissed.
5. Formal Citations
- EB v EC (divorce: maintenance of stepchildren), D 603972/2003, [2006] SGHC 44
6. Timeline
Date | Event |
---|---|
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
- 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
- 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 Name | Court | Affirmed | Citation | Jurisdiction | Significance |
---|---|---|---|---|---|
No cited cases |
13. Applicable Rules
Rule Name |
---|
No applicable rules |
14. Applicable Statutes
Statute Name | Jurisdiction |
---|---|
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
Area Name | Relevance Score |
---|---|
Maintenance | 95 |
Family Law | 90 |
Maintenance of Stepchildren | 90 |
Divorce | 85 |
Child Support | 70 |
Children's Welfare | 60 |
16. Subjects
- Family Law
- Divorce Law
- Child Maintenance