LAIN-LAIN 1. ) Koh Suee Yan (No. K/P: 750610-01-6302/A2892842) ...Pempetisyen Isteri 2. ) Tee Chin Kok (No. K/P: 760219-10-6259/A3167564) ...Pempetisyen Suami

LAIN-LAIN 1. ) Koh Suee Yan (No. K/P: 750610-01-6302/A2892842) ...Pempetisyen Isteri 2. ) Tee Chin Kok (No. K/P: 760219-10-6259/A3167564) ...Pempetisyen Suami

The husband failed to prove a material change in circumstances or exceptional circumstances to justify varying the consent Decree Nisi; he voluntarily accepted the decree and later incurred obligations, and his evidence of ongoing financial deterioration was insufficient; therefore sections 96 and 97 do not assist him and the application must be dismissed.

Citation
JA-33JP-460-05/2016 (Mahkamah Tinggi)
Parties
Petitioner Wife: Koh Suee Yan; Petitioner Husband: Tee Chin Kok
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 February 2021
Case Number
JA-33JP-460-05/2016 (Mahkamah Tinggi)
Procedural Posture
Divorce Variation of Decree Nisi / Application to Vary Decree Nisi (post Decree Variation Hearing)
Outcome
Application dismissed
Legal Topics
Variation of Consent Order, Material Change of Circumstances, Custody and Maintenance, Enforcement of Decree, Costs
Source Language
Malay/English
Family Law Matrimonial Law Child Custody Maintenance Property Division Variation of Consent Order Material Change of Circumstances Custody and Maintenance +2 more

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Parties

Koh Suee Yan

Petitioner Wife

Tee Chin Kok

Petitioner Husband

Procedural Posture

Divorce Variation of Decree Nisi / Application to Vary Decree Nisi (post Decree Variation Hearing)

Legal Issues

  1. 1 Whether there was a material change in circumstances warranting variation of a consent Decree Nisi
  2. 2 Whether the consent order could be varied absent exceptional circumstances
  3. 3 Whether the wife breached the original decree by selling transferred matrimonial property

Ratio Decidendi

The husband failed to prove a material change in circumstances or exceptional circumstances to justify varying the consent Decree Nisi; he voluntarily accepted the decree and later incurred obligations, and his evidence of ongoing financial deterioration was insufficient; therefore sections 96 and 97 do not assist him and the application must be dismissed.

Court Disposition

Application dismissed

Orders

  • Enclosure 10 dismissed
  • Costs of RM5,000 awarded against the Petitioner Husband (subject to allocator fee)