YONG JIA HUI vs CHAN SEH WAI - 2023 MarsdenLR 335

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 MarsdenLR 335

HIGH COURT MALAYA KUALA LUMPUR
YONG JIA HUI – Appellant
Versus
CHAN SEH WAI – Respondent

Petitioner Advocates:Audrey Aw Yong,Tang Joey ,Respondent Advocate: Ng Kee Way

Table of Content
1. overview of the application for attachment of earnings based on a maintenance order. (Para 1 , 2 , 3 , 4)
2. unilateral decisions on expenses will not impose obligations on other parent. (Para 5 , 15 , 22)
3. court's examination of maintenance order and obligations. (Para 6 , 8 , 12 , 20 , 24 , 25)
4. understanding of what constitutes a maintenance order. (Para 9 , 11 , 14 , 18)

Evrol Mariette Peters J:

Introduction

[1] This was an application ("this Application") by the Wife, in encl 15, for attachment of earnings for a purported sum of MYR34,283.05, based on the terms of an order of the Sessions Court dated 8 December 2020, granted pursuant to a joint petition for divorce filed by both the Applicant Wife and Respondent Husband.

The Factual Background

[2] The Applicant and Respondent were married in March 2015, and had two children, born in July 2015 and August 2016 respectively.

[3] In July 2020, the Applicant and Respondent had filed a joint petition for divorce, and on 8 December 2020, the following Order was granted by the Sessions Court:

1. YONG JIA HUI dan CHAN SEH WAI diberikan hakpenjagaan secara bersama (joint guardianship) terhadap CTT (No. Sijil Kelahiran: ****

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2023 MarsdenLR 335

HIGH COURT MALAYA KUALA LUMPURYONG JIA HUI – AppellantVersusCHAN SEH WAI – Respondent

HIGH COURT MALAYA KUALA LUMPUR
YONG JIA HUI – Appellant
Versus
CHAN SEH WAI – Respondent