KUALA LUMPUR, June 19 — Tycoon Tan Sri Khoo Kay Peng’s multi-billion divorce from former Miss Malaysia Pauline Chai will be heard here after the Court of Appeal ruled today that the common law rule that a wife’s domicile follows that of her husband was not unconstitutional.

Chai’s lawyer, Andrew Yong, said today’s decision supported the previous High Court ruling that Chai was domiciled in Malaysia — based on Khoo’s — even though she is no longer a Malaysian citizen.

He added that the appellate court also determined that the common law rule was in line with Article 8 (1) and Article 8( 2) of the Federal Constitution, which states that all people are equal before the law and that there shall be no discrimination against any citizen on the grounds of gender.

“The court held that common law said a domicile of dependence follows the husband still applies in Malaysia, and because of that the wife has no capacity to have her own domicile of choice.

“The court rejected our argument that the common law should be modified in line with Article 8 of the constitution,” Yong told Malay Mail Online.

The lawyer said they will apply for a stay of the Court of Appeal’s decision “as soon as possible” to “render the appeal not nugatory.”

Yong noted, however, that if the stay is not granted, the divorce hearings could potentially take place simultaneously in Malaysia as well as in the United Kingdom.

“The husband's appeal in the UK is in October, that will determine if the UK proceedings proceed. The Malaysian proceeding depends on whether we can get a stay of Court of Appeal decision. But both can take place at the same time, (and) it can be very complex,” he said.

He added that they will take the case all the way up to the Federal Court, if necessary, to argue the constitutionality of Malaysia's Law Reform (Marriage and Divorce) Act 1976.

“It’s a question of the constitution, it’s a question of Article 8 on the grounds of equality that the wife is incapable of having her domicile of choice even though she's separate from the husband,” he said.

Chai’s daughter Angeline Francis said that today’s decision, which dictated that a woman’s legal rights were tied to her husband, went beyond just her mother but all women in Malaysia who seek gender equality.

“Today is a sad day for women's rights in Malaysia but daily there are many positive steps taken towards equality and we feel positive that one day equality will be reached in this area as well,” she said in a statement.

Former Miss Malaysia Chai, 68, is seeking for the dispute to be decided by the English courts where she stands to gain up to half of Khoo’s estimated £400 million (RM2.1 billion) fortune, possibly the largest divorce settlement in British history.

Khoo, 75-year-old chairman of international fashion and interiors brand Laura Ashley, is applying to have the case heard in Malaysia, arguing that they were married in Malaysia where he also maintains his official residence. Khoo would risk losing less of his wealth if the trial is held here.