PEMPETISYEN Annaliza Anusha Chandrasegar 1. ) Nishiram Singh A/l Ram Singh 2. ) Jasmine Perishni Balachandran

PEMPETISYEN Annaliza Anusha Chandrasegar 1. ) Nishiram Singh A/l Ram Singh 2. ) Jasmine Perishni Balachandran

The parties successfully mediated and recorded a consent order on 3 October 2022 reflecting agreed variations; an appeal against a consent order is not maintainable because consent orders are not appealable.

Citation
BA-33-393-06/2017 (Mahkamah Tinggi)
Parties
PETITIONER WIFE: ANNALIZA ANUSHA CHANDRASEGAR; RESPONDENT HUSBAND: NISHIRAM SINGH A/L AM SINGH; CO RESPONDENT: JASMINE PRISHNI BALACHANDRAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 October 2022
Case Number
BA-33-393-06/2017 (Mahkamah Tinggi)
Procedural Posture
Family Law Variation of Consent Order Under Law Reform (marriage and Divorce) Act 1976 / Post Consent Order Application; Mediation Recorded; Subsequent Appeal Filed
Outcome
Consent order recorded on 3 October 2022 reflecting negotiated variations; appeal filed against that consent order is not maintainable.
Legal Topics
Variation of Consent Order, Custody and Care and Control, Access and Contact Arrangements, Child Maintenance and Increments, Appealability of Consent Orders
Source Language
Malay/English
Family Law Child Custody Maintenance Civil Procedure Mediation Variation of Consent Order Custody and Care and Control Access and Contact Arrangements +2 more

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Parties

ANNALIZA ANUSHA CHANDRASEGAR

PETITIONER WIFE

NISHIRAM SINGH A/L AM SINGH

RESPONDENT HUSBAND

JASMINE PRISHNI BALACHANDRAN

CO RESPONDENT

Procedural Posture

Family Law Variation of Consent Order Under Law Reform (marriage and Divorce) Act 1976 / Post Consent Order Application; Mediation Recorded; Subsequent Appeal Filed

Legal Issues

  1. 1 Whether the consent order of 13/11/2018 can be varied as sought by the respondent husband
  2. 2 Allocation of custody (joint custody) and retention of care and control
  3. 3 Modification of access arrangements including weekends, public holidays, special occasions and video calls

Ratio Decidendi

The parties successfully mediated and recorded a consent order on 3 October 2022 reflecting agreed variations; an appeal against a consent order is not maintainable because consent orders are not appealable.

Court Disposition

Consent order recorded on 3 October 2022 reflecting negotiated variations; appeal filed against that consent order is not maintainable.

Orders

  • Consent order dated 3 October 2022 recorded: insertion of new paragraph 6AA providing that for weekends where the respondent husband has no physical access, video-call access will be provided on Fridays for one hour from 6.30pm to 7.30pm.
  • Consent order dated 3 October 2022 recorded: paragraph 10 replaced so that the respondent husband shall pay child maintenance of RM1,950.00 per month on or before the 7th of each month until the child reaches 12 years; an annual increase of RM150.00 shall commence in December 2027 after the child reaches 12 years.