Abstract
The Court has wide power to order division of matrimonial assets. This power is granted under section 76 of the Law Reform (Marriage and Divorce) Act 1976 [LRA 1976]. When party file for petition to divorce and seek for court relief for the division of the properties – houses, cars, bank account and etc, they need to prove that it is a “matrimonial assets”. There is no clear cut definition of matrimonial assets. It needs to be proven from the fact.
Fact
In the Case of Girish Chandra Hemraj Shastri v Jyoti Sharma [2026] 1 CLJ 702, it was held that the Titiwangsa House purchased by the husband in year 2008 as matrimonial house, and the wife (respondent) was entitled to 50% sum of the current market value of the house.
However, the 3 storey shoplots were held not a matrimonial assets to the wife.
Setapak Shoplot
The couple married in year 26.07.1996. The appellant bought a Setapak Shoplot (3 storeys shoplots) in 13.06.1997, which then sold to Hemraj (a company related to the appellant and held by his sister). The Court held that there was minimal contribution by the wife and it cannot amounts to a matrimonial assets.
Titiwangsa House
The Titiwangsa House was bought on 18.06.2008. The couples moved into the house on 2013. The house was sold to Hemraj (a related company to appellant in 21.11.2009, and subsequently a further sale by Hemraj to Mahalaxmi on 08.01.2014. The Court held that despite that the respondent (wife) was asked to stay in a rented apartment thereafter in 12.01.2015, the appellant still stayed in Titiwangsa House. The disposal of Titiwangsa House was done by the appellant without any sense of responsibility towards the welfare of the respondent and the child. The Court held that the respondent wife was entitled to 50% share in the said house and the appellant to pay the respondent 50% equivalent to the market value of the house.
Conclusion
The Court will look into a house stayed by both the husband and wife as matrimonial house. Eventhough, the wife was asked to stay in another property, the former house will still be considered a matrimonial house (house where both husband and wife stay and the formation of a family unit therein). Irregardless of whether the wife has contributed financially, the wife is entitled to a half shares of the house under section 76 of the LRA 1976.
