YCJ v YCK

Facts

The Mother (YCJ) applied in MSS 2073/2025 for maintenance from the Father (YCK) for their two children, an 11 year-old son and a 7 year-old daughter. The parties had already been divorced by the Syariah Court, and a Syariah Court order gave the Father access to the children. In her complaint form the Mother asked for $1200 a month; at the hearing on 19 December 2025 she sought $1400. The Father said he had not provided for the children in the past three years because the Mother had taken them and he could not see them. He did spend money on them during access, and on 17 September 2025 transferred $300 to the Mother for their expenses, a day after the application was filed. He argued he could pay at most $800 a month. Both parties appeared in person, and the decision was handed down on 20 January 2026.

Issues

1. Whether the Father had neglected or refused to provide reasonable maintenance for the children under s 69(2) of the Women's Charter 1961.
2. What monthly sum was reasonable maintenance for the two children.
3. Whether backdated maintenance should be considered.

Holding

The Magistrate allowed the application and ordered the Father to pay $1200 per month, $600 for each child, on or before the last day of each month from 1 February 2026, directly into the children's bank accounts. With the Father's agreement, the order also required a one-time payment of $600 to the son's account by 31 January 2026. The request for backdated maintenance was not considered.

Reasoning

The Father has a legal duty under s 68 of the Women's Charter 1961 to maintain his children, and cannot limit it to access periods. The court found that he had neglected or refused to provide maintenance; his single transfer appeared aimed at staving off proceedings, as no further transfers followed.

On quantum, the court applied the s 69(4) factors and assessed reasonable rather than actual expenses. The Mother put the children's expenses at $2517. Reviewing the items, the parents' means and the Father's spending during access, the court found $1200 reasonable.

The Mother's claim for backdated maintenance of $6000 was raised only at trial and was not in her complaint form, so the court declined to consider it.

From the judgment