PEMPETISYEN 1. ) SUTHESH KUMAR A/L VELAYUDAN 2. ) JAYALETCHUMY RAMACHANDRAN

PEMPETISYEN 1. ) SUTHESH KUMAR A/L VELAYUDAN 2. ) JAYALETCHUMY RAMACHANDRAN

Court held applicant complied with procedural rules and discharged the burden on the balance of probabilities of a material change (breakdown of communication, father's conduct affecting children’s education and increased cost of living). The changes materially affected the children's welfare and justified variation of the consent Decree Nisi; accordingly the specified amendments were necessary and were ordered to protect the children’s interests.

Citation
CA-33JP-72-09/2017 (Mahkamah Tinggi)
Parties
Petitioner Husband: Suthesh Kumar A/L Velayudan; Petitioner Wife: Jayaletchumy A/P Ramachandran
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 August 2024
Case Number
CA-33JP-72-09/2017 (Mahkamah Tinggi)
Procedural Posture
Joint Divorce Petition / Judgment on Application to Vary Decree Nisi (km 67)
Outcome
Application granted in part; court allowed proposed amendments to specified paragraphs of Decree Nisi dated 27.10.2017 as necessary for children’s welfare
Legal Topics
Variation of Consent Order, Maintenance Adjustment, Child Welfare, Education Costs, Insurance Obligations, Procedural Compliance
Source Language
Malay/English
Family Law Divorce Child Custody Maintenance Court Orders Variation Variation of Consent Order Maintenance Adjustment Child Welfare +3 more

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Parties

Suthesh Kumar A/L Velayudan

Petitioner Husband

Jayaletchumy A/P Ramachandran

Petitioner Wife

Procedural Posture

Joint Divorce Petition / Judgment on Application to Vary Decree Nisi (km 67)

Legal Issues

  1. 1 Whether procedural requirements for application to vary a consent Decree Nisi were complied with
  2. 2 Whether a consent order may be varied and on what principles
  3. 3 Whether there has been a material change in circumstances since entry of the consent order

Ratio Decidendi

Court held applicant complied with procedural rules and discharged the burden on the balance of probabilities of a material change (breakdown of communication, father's conduct affecting children’s education and increased cost of living). The changes materially affected the children's welfare and justified variation of the consent Decree Nisi; accordingly the specified amendments were necessary and were ordered to protect the children’s interests.

Court Disposition

Application granted in part; court allowed proposed amendments to specified paragraphs of Decree Nisi dated 27.10.2017 as necessary for children’s welfare

Orders

  • Amend paragraph (f) to require Petitioner Husband to pay child maintenance totalling RM4,500.00 per month until both children complete tertiary education (subject to education needs)
  • Amend paragraph (g) to require Petitioner Husband to pay wife maintenance of RM2,500.00 per month (inclusive of medical insurance premium for wife, car maintenance, road tax and car insurance, utility bills including internet and telephone)