AJIT KAUR A/P SAJJAN SINGH KALWANT SINGH A/L SURJAN SINGH

AJIT KAUR A/P SAJJAN SINGH KALWANT SINGH A/L SURJAN SINGH

The court found the respondent breached the recorded consent order by failing to pay the RM2,500 monthly as ordered; although child maintenance ceased when the children turned 18 under Section 95 pre-amendment, the respondent remained obligated to pay the portion of the RM2,500 attributable to the judgment creditor. Section 86(3) did not bar the recovery because the claimed arrears arose after decree and in execution proceedings. By consent of the creditor and considering the debtor's financial position, the arrears were reduced from RM197,500 to RM40,000 and ordered payable by instalments, with continued monthly maintenance to the creditor until remarriage.

Citation
AA-37J-3-08/2022 (Mahkamah Tinggi)
Parties
Judgment Creditor: Ajit Kaur a/p Sajjan Singh; Judgment Debtor: Kalwant Singh a/l Sujan Singh
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 July 2023
Case Number
AA-37J-3-08/2022 (Mahkamah Tinggi)
Procedural Posture
Judgment Debtor Summons (writ Pelaksanaan) / Hearing and Judgment (high Court, Ipoh)
Outcome
Judgment for Judgment Creditor in part; indebtedness established but arrears reduced by agreement to RM40,000; instalment and continuing maintenance orders made
Legal Topics
Maintenance Arrears, Consent Order Enforcement, Variation of Orders, Limitation on Recovery of Maintenance
Source Language
Malay/English
Family Law Enforcement of Judgment Civil Procedure Maintenance Maintenance Arrears Consent Order Enforcement Variation of Orders Limitation on Recovery of Maintenance

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Parties

Ajit Kaur a/p Sajjan Singh

Judgment Creditor

Kalwant Singh a/l Sujan Singh

Judgment Debtor

Procedural Posture

Judgment Debtor Summons (writ Pelaksanaan) / Hearing and Judgment (high Court, Ipoh)

Legal Issues

  1. 1 Whether the judgment debtor breached the consent order dated 15 April 2003
  2. 2 Whether the judgment debtor is liable for maintenance arrears totalling RM197,500 from Jan 2016 to Jul 2022
  3. 3 Whether Section 95 (pre-amendment) extinguishes child maintenance obligation at 18 and its effect on the consent order

Ratio Decidendi

The court found the respondent breached the recorded consent order by failing to pay the RM2,500 monthly as ordered; although child maintenance ceased when the children turned 18 under Section 95 pre-amendment, the respondent remained obligated to pay the portion of the RM2,500 attributable to the judgment creditor. Section 86(3) did not bar the recovery because the claimed arrears arose after decree and in execution proceedings. By consent of the creditor and considering the debtor's financial position, the arrears were reduced from RM197,500 to RM40,000 and ordered payable by instalments, with continued monthly maintenance to the creditor until remarriage.

Court Disposition

Judgment for Judgment Creditor in part; indebtedness established but arrears reduced by agreement to RM40,000; instalment and continuing maintenance orders made

Orders

  • Judgment Debtor shall pay RM40,000 to the Judgment Creditor as outstanding maintenance arrears
  • The RM40,000 outstanding shall be paid in monthly instalments of RM800 each payable on or before the 7th of each month