Introduction

[1] This is an application by the Respondent Husband ("RH") via Enclosure 162 dated 24 February 2023 ("Enclosure 162") to rescind para 1 of the Decree Nisi dated 21 November 2016 ("the Decree Nisi").

[2] Paragraph 1 of the Decree Nisi read as follows:

"1. Responden membayar nafkah kepada Pempetisyen sebanyak RM5,000.00 sebulan sehingga Pempetisyen berkahwin semula atau Responden tidak peroleh pendapatan lagi."

[3] RH claimed that several material changes of circumstances rendered the need to rescind para 1 of the Decree Nisi on the following grounds:

(i) That the RH is an elderly 68 years of age, with old age sickness and cardiovascular disease and had suffered 2 heart attack; and

(ii) That the RH no longer has a fixed income and has sold the Poliklinik Kanna which was the RH's sole income.

Background Facts

[4] The RH was self-employed as a doctor at Polikli