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HIGH COURT MALAYA KUALA LUMPUR
HEN – Appellant
Versus
HIN – Respondent
| Table of Content |
|---|
| 1. application for variation of decree nisi. (Para 1 , 2 , 3 , 4) |
| 2. issues considered by the court. (Para 6) |
| 3. procedural objections and their implications. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. consent orders and their variation in matrimonial cases. (Para 16 , 17 , 18 , 19) |
| 5. definition of material change in circumstances. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 6. access to children and its relation to maintenance obligations. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 7. variation of maintenance terms not allowed. (Para 38 , 39 , 40 , 41) |
| 8. final decision on access terms. (Para 43) |
Introduction
[1] This was an application ("this Application") by the Petitioner husband in encl 23, seeking to vary certain terms of the decree nisi dated 17 May 2017 ("the Decree Nisi").
[2] In the interest of privacy of the parties concerned, and sensitivity of the issues in these proceedings, the Petitioner Husband, Petitioner Wife, and their two children have been anonymised in this judgment as HEN, HIN, MEY, and TEL respectively.
The Factual Background
[3] In accordance with the Decree Nisi, custody of the two children ("the Children")
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