Toh Buan Eileen v Ho Kiang Fah: Application for Reconciliation and Counselling under Women's Charter

In the divorce case of *Toh Buan Eileen v Ho Kiang Fah*, the High Court of Singapore heard an appeal by the husband, Ho Kiang Fah, against the dismissal of his application for reconciliation and counselling under the Women's Charter. The wife, Toh Buan Eileen, had filed for divorce on the grounds of irretrievable breakdown of marriage. The husband sought reconciliation and counselling for his younger son. Tay Yong Kwang J dismissed the husband's appeal, emphasizing the importance of patience and non-coercive methods in rebuilding relationships.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal dismissed; each party to bear its own costs.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case where husband's application for reconciliation and counselling under the Women's Charter was dismissed. The court emphasized patience and non-coercive methods for rebuilding relationships.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Toh Buan EileenPlaintiff, RespondentIndividualAppeal DismissedWon
Ho Kiang FahDefendant, AppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Tay Yong KwangJudgeYes

4. Counsels

Counsel NameOrganization
Yap Teong LiangT L Yap & Associates
Leong Why KongAscentsia Law Corporation

4. Facts

  1. The parties married in September 1980 and have two sons.
  2. The wife filed for divorce in August 2006, citing separation of at least four years.
  3. The husband sought reconciliation and counselling for his younger son.
  4. The wife objected to the husband's application, viewing it as a delay tactic.
  5. The parties attended mediation and joint conference sessions with the sons.
  6. The husband missed some of the joint conference sessions.
  7. The district judge dismissed the husband's application.

5. Formal Citations

  1. Toh Buan Eileen v Ho Kiang Fah, D 3914/2006, [2008] SGHC 32

6. Timeline

DateEvent
Marriage took place between the parties.
First son born.
Second son born.
Wife left the matrimonial home.
Wife filed for divorce.
Younger son received a letter from MacPherson Moral Family Service Centre.
Parties attended mediation.
Joint conference sessions with the two sons.
Parties attended mediation.
Husband applied to the Family Court for reconciliation orders.
Appeal dismissed by the High Court.

7. Legal Issues

  1. Reconciliation and Counselling
    • Outcome: The court dismissed the husband's application for reconciliation and counselling, holding that it was not in the interests of the parties or their children at this stage of the proceedings.
    • Category: Procedural

8. Remedies Sought

  1. Dissolution of marriage
  2. Division of matrimonial assets
  3. Custody, care and control of the children
  4. Reconciliation
  5. Counselling

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Family Litigation

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
Section 50(2) of the Women’s CharterSingapore
Section 50(3) of the Women’s CharterSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Reconciliation
  • Counselling
  • Divorce
  • Mediation
  • Women's Charter
  • Matrimonial assets
  • Custody
  • Desertion

15.2 Keywords

  • Divorce
  • Family Law
  • Reconciliation
  • Counselling
  • Singapore
  • Womens Charter

17. Areas of Law

Area NameRelevance Score
Family Law95
Divorce90
Matrimonial Assets80
Child Custody70
Child Support60
Parenting50

16. Subjects

  • Family Law
  • Divorce
  • Mediation
  • Reconciliation
  • Counselling