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2019 MarsdenLR 2964

HIGH COURT MALAYA SHAH ALAM
NAVARAJAN SUBRAMANIAM – Appellant
Versus
RAJESWARY MUNIANDY – Respondent


Petitioner Advocates:Lalitha Nagamuthu ,Respondent Advocate: Naliny Nallayan

Table of Content
1. application seeks custody related to children's best interests. (Para 1 , 4)
2. application for custody variation and background on original decree. (Para 3)
3. arguments highlight allegations of abuse and access conflicts. (Para 5 , 6 , 7)
4. legal framework for custody variations under specific conditions. (Para 8)
5. court confirms discretionary power to adjust custody based on evidence. (Para 9)

[1] The Petitioner Husband ("PH") had filed an earlier application dated 16 October 2018 (enclosure 22) which was later amended by an order of this court dated 13 December 2018. The amended notice of application was filed on 17 December 2018 (enclosure 29), seeking ancillary relief (relief sampingan) by proposing variation to the terms in the Decree Nisi dated 26 March 2015. Among the prayers, PH is applying for custody care and control of the children of the said marriage name Kugan and Thulasi and to refer the said children to a child psychiatrist to examine and evaluate the mental state of the said children and other prayers while the cost of this application is to be borne by RW.

[2] The cause papers for this application are as follows:

(i) Enclosure 29, the amended noti

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