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2019 MarsdenLR 3743

HIGH COURT MALAYA SHAH ALAM
JANE DRIPIN – Appellant
Versus
CHARAN JIT SINGH SANTOKH SINGH – Respondent
[Divorce Petition No: MT FLJC-33-1037-2010]



Petitioner Advocates:Charan Jit Singh Santokh Singh ,Respondent Advocate: Jane Anak Dripin

Variations to custody orders require substantial evidence of material changes in circumstances, lacking which applications may be dismissed.

Headnote:The judgment concerns an application filed by RH to vary the existing custody order. The court applied Sections 83, 96, and 97 of the Law Reform (Marriage and Divorce) Act 1976, highlighting that changes in circumstances must be significant to justify variation. The court found RH failed to demonstrate sufficient material changes warranting custody variation; thus, the application was dismissed for lacking merit.

Table of Content
1. application filed to vary custody status. (Para 1 , 3)
2. discussion on material change in circumstances for custody. (Para 4 , 5)
3. arguments presented by resume and rebuttal. (Para 7)

[1] This is an application filed by the respondent husband ("RH") seeking to vary the Amended Decree Nisi dated 26th June 2014 ("the said amended Decree Nisi"). Among the prayers, RH is now applying for custody care and control of the daughter of the said marriage name Farah Anne Dhaliwal born on 5th December 2002 who is now 16+ years old ("the said daughter") and also seeking an order to refer PW to a psychiatrist. The said application was strongly objected to by the petitioner wife ("PW").

[2] The relevant cause papers and written submissions, are as follows:

(a) Enclosure B1: The application dated 20th June 2018;

(b) Enclosure B2: The RH's affidavit in support affirmed by Charan Jit Singh a/l Santokh Singh on 19th June 2018;

(c) Enclosure B3: Notice dated 15th August 2018, filed by the RH of his intention to use affidavits filed in previous application to vary the said amended decree ie:

(i) RH's affidavit in support affirmed by Charan Jit Singh a/l Santokh Singh on 20th November 2017 (enclosure A2);

(ii) RH's affidavit in reply affirmed by Charan Jit Singh a/l Santokh Singh on 15th December 2017 (enclosure A9); and

(iii) Affidavit in support, affirmed by Mehar Kaur a/p Pritam Singh on 26th December 2017 (enclosure A10).

(d) Enclosure B4: Affidavit of service affirmed by Robinson Chan Hui Ann on 26th July 2018;

(e) Enclosure B5: PW's affidavit in reply affirmed by Jane Anak Dripin on 6th August 2018;

(f) Enclosure B6: RH's affidavit in further reply affirmed by Charan Jit Singh a/l Santokh Singh on 15th August 2018;

(g) Enclosure B7: PW's affidavit in reply (2) affirmed by Jane Anak Dripin on 28th August 2018;

(h) Enclosure B8: PW's notice dated 28th August 2018, of her intention to use affidavits filed in previous proceedings

(i) PW's affidavit in objection affirmed by Jane Anak Dripin on 6th December 2017;

(ii) PW's affidavit in objection affirmed by Jane Anak Dripin on 3R D November December 2017.

(i) Enclosure B9: RH's affidavit in reply (2) affirmed by Charan Jit Singh a/l Santokh Singh on 6th September 2018;

(j) Enclosure B10: Notice by the RH dated 15th August 2018, of his intention to use affidavits filed in previous proceedings ie

(i) RH's affidavit in support affirmed by Charan Jit Singh a/l Santokh Singh on 10th February 2014;

(ii) RH's further affidavit affirmed by Charan Jit Singh a/l Santokh Singh on 23R D April 2014;

(iii) RH's affidavit in support affirmed by Charan Jit Singh a/l Santokh Singh on 2N D June 2014;

(iv) RH's further affidavit (1) affirmed by Charan Jit Singh a/l Santokh Singh on 9th June 2014;

(v) PW's affidavit affirmed by Jane Anak Dripin on 10th June 2014;

(vi) RH's further affidavit (2) affirmed by Charan Jit Singh a/l Santokh Singh on 10th June 2014;

(vii) RH's further affidavit (3) affirmed by Charan Jit Singh a/l Santokh Singh on 20th June 2014;

(viii) PW's affidavit affirmed by Jane Anak Dripin on 3R D November 2017;

(ix) RH's affidavit in support affirmed by Charan Jit Singh a/l Santokh Singh on 20th November 2017;

(x) RH's affidavit in reply affirmed by Charan Jit Singh a/l Santokh Singh on 15th December 2017(enclosure A9);

(xi) RH's affidavit in support affirmed by Charan Jit Singh a/l Santokh Singh on 14th January 2018; and

(xii) Affidavit in support, affirmed by Mehar Kaur a/p Pritam Singh on 26th December 2017 (enclosure A10).

(K) Enclosure B11: PW's affidavit in reply (3) affirmed by Jane Anak Dripin on 13th September 2018;

(l) Enclosure B12: Affidavit in support (2), affirmed by Mehar Kaur a/p Pritam Singh on 19th September 2018.

Submissions/Submissions In Reply By RH And PW

[3] In this matter, parties represented themselves. RH is presently a practicing lawyer and PW is a lay person who had filed a notice notifying that she is acting on her own (bertindak sendiri). This application was duly heard before me on

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