the case is closed, the battle continues. queen has placed a landmine on other case…weird..when people face reckoning with vengeance
Director settles claim over broken engagement
SHAH ALAM: The compensation claim of almost RM1mil filed by a company director against his ex-fiancee for breaking off their engagement in April last year was amicably resolved, with both parties agreeing to the terms of the settlement.
Counsel Azmi Mohd Rais representing the plaintiff, Mohamad Fahizul Khairi, 54, told the Syariah High Court here yesterday that the terms agreed by his client and the defendant, Nor Daliya Mohd Daud, 35, included the plaintiff accepting RM600,000 from the defendant as an overall settlement.
The sum involved the purchase of a house, on which the plaintiff would withdraw any restraining order or caveat within three days of the court order. Both parties “are prohibited from disturbing each other… after this,” Azmi said.
He said both parties also agreed not to be involved directly or indirectly in the custody case involving Nor Daliya and her former husband, failing which, action could be taken against them for contempt of court.
He said Mohamad Fahizul and Nor Daliya also agreed not to make claims on each other, whether at the Syariah or civil court, except in the event of a violation of the court order.
Syariah lawyer Mohamad Isa Abd Ralip, representing Nor Daliya, a bank officer, then confirmed the seven terms agreed upon which were read by Azmi in court.
After getting confirmation from the plaintiff and defendant and reading again the terms of the settlement, Syariah judge Mohammad Adib Husain made the agreed terms into a court order.
Mohamad Fahizul, who was dressed in a light green shirt, arrived in court with Nor Daliya’s ex-husband Herman Syah Abdul Rahim. When met outside the court by reporters, Mohamad Fahizul said he was thankful that the case had been resolved.
When asked why he was willing to accept a lower compensation, Azmi said his client did not want the case to drag on because the defendant had also chipped in money for the property. Nor Daliya evaded the press by using an alternative exit to leave the courtroom.
In his statement of claim, Mohamad Fahizul had stated that they were engaged on Dec 6, 2007 in Pekan and as part of the engagement, he bought her a 2 1/2-storey house in Bandar Utama which was to be their marital home.
He said he also made cash payments to her for, among other things, renovations for the house, furnishings and a downpayment on a Honda Civic, all of which were deposited into her bank account.
He said the defendant, a divorcee and mother of two, had been unfaithful to him, and as part of the terms of the break-up, both sides agreed to return the money given to each other, but she failed to do so.
He had sought damages amounting to RM971,186.57, costs and other relief deemed fit by the court. — Bernama