'Because she wants to live': Court orders man to pay paralysed ex-wife RM1,500 monthly

KUALA LUMPUR: As a debilitating disease gradually robbed a woman of her ability to walk, speak and care for herself after giving birth, her marriage also began to crumble.

Her husband, who was supposed to stand by her through sickness and hardship, instead physically abused her, neglected their daughter and began an adulterous relationship with his boss.

He eventually abandoned his paralysed wife at a charity home and sent their daughter to a children's care centre before moving in with his mistress and travelling overseas with her.

The woman's suffering was laid bare during a divorce trial before Alor Star High Court judge Dr Mohammad Johan Lee, following a petition filed on her behalf by her mother.

Johan described the husband's actions as an act of extraordinary cruelty.

The judge also highlighted a heartbreaking moment during the trial when the woman's mother was asked why her bedridden daughter needed monthly maintenance.

Her reply was just four words: "Sebab dia nak hidup" (Because she wants to live).

Johan described the answer as devastating and heartbreaking, reflecting the desperate plight of a woman fighting for her survival.

"Leaving a paralysed wife in a charitable home while he retained exclusive possession of the matrimonial resources constitutes constructive desertion," Johan said in his grounds of judgment dated Oct 19.

The judge said the woman was not seeking to maintain a comfortable lifestyle but needed financial assistance for round-the-clock care, medical supplies, adult diapers and physiotherapy.

The court ordered her former husband to pay RM1,500 in monthly maintenance for the rest of her life and RM340,000, representing her half-share of their matrimonial home.

His mistress, identified as CAN, was also ordered to pay RM50,000 in damages for adultery.

The wife, identified as OMS, married the man, referred to as LTK, on June 20, 2014, and gave birth to their daughter the following year.

Following the birth of their daughter, OMS developed spinocerebellar ataxia (SCA), a progressive neurodegenerative disease that has left her quadriplegic, bedridden and unable to speak.

The court heard that as her condition deteriorated, her husband increasingly neglected his responsibilities.

Their daughter, now 11, testified that neighbours sometimes brought them food because her father failed to provide meals.

She also witnessed him physically assaulting her mother.

On Nov 10, 2021, LTK placed his paralysed wife at Good Heart Charity Home, while their daughter was sent to Pusat Penjagaan Kanak-Kanak Superkids.

The court also rejected LTK's attempt to challenge the divorce petition on the grounds that his disabled wife could not initiate proceedings through her mother without prior court approval.

Johan said accepting such an argument would allow an able-bodied husband to abuse and abandon his helpless wife, only to escape accountability because her disability prevented her from seeking justice.

"Law is an instrument of justice, not a refuge for cruelty," he said.

The court found that LTK had committed adultery with CAN after evidence showed they had repeatedly travelled to Thailand together for overnight stays and lived under the same roof.

The case also exposed the suffering of their daughter, who told the court that she feared her father and regarded the care centre as her home.

Johan allowed her to remain at Superkids and refused overnight visitation, citing her welfare.

The man was ordered to pay RM400 monthly towards her upkeep, deposit RM300 into her savings account and bear her education and medical expenses until she completes tertiary education.

Although the court found that OMS had her own shortcomings, including alcohol dependency and abusive communications with her husband, Johan said these did not justify his violence, infidelity and abandonment.