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1986 MarsdenLR 904

SITI NORMA YAAKOB
GOH KIM HWA – Appellant
Versus
KHOO SWEE HUAH – Respondent


Advocates:
K Anantham for the mother — applicant.
HY Too for the father — respondent.
Solicitors: Skrine & Co; Shook Lin & Bok.

Siti Norma Yaakob J

On June 30, 1980, the husband petitioner in these divorce proceedings, was granted a decree nisi to be made absolute in three months on the ground of desertion by the wife respondent. However, both parties agreed that custody of the three children of the marriage shall be with the husband petitioner.

In August, 1983, almost three years after the decree nisi had been made absolute, the wife returned to the matrimonial home in an attempt at a reconciliation but this proved to be short-lived and in November 1984, she moved out again and brought this present application seeking custody of the three children, their maintenance and maintenance for herself.

At the hearing of the application for custody, the husband respondent raised the following objections.

1. There is no material change in circumstances as to warrant a change of custody.

2. The applicant is not a fit and proper mother to whom custody can be entrusted.

When the applicant consented to the respondent having custody of the three children in 1980, the arrangement was that the children continue to live with the respondent in the matrimonial home and that they will be tendered to by their paternal grandmoth

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