The duty of parents to maintain their children, including education and living standards, is paramount, with maintenance defined as encompassing all material provisions for living.

Appeal

This is an appeal by Nithiyani A/P Kulaveerasingam, the Plaintiff Wife ("the Wife") against my decision made in Chambers on 27.5.2010 in respect of Originating Summons No. S8-24-118-2009 regarding enclosure 1.

Wife's application

In enclosure 1, the Wife applied for the following:

(1) that the Wife be granted guardianship, custody, care and control of the 2 children of the marriage, namely Ranenuga a/p Indran and Visihnude a/l Indran with reasonable access to the Husband;

(2) that the Husband, Indran a/l N. Jeganathan, be ordered to pay the Wife for the benefit of the 2 children on or before the 7th day of each month to be credited into the Wife's bank account:

(a) a sum of RM4,000 per month towards the daily maintenance, support and sustenance of the children. This maintenance sum shall be subject to an annual increase commensurate with the published inflation rate by Bank Negara Malaysia;

(b) all the educational expenses for the children, including but not limited to school fees, living expenses, all other tuition fees, school books, uniform expenses, transport expenses and extra-curricular expenses up to and including tertiary education notwithstanding that the said children shall have attained 18 years of age;

(c) all costs of medical, eye and dental expenses, including all surgery, outpatient and hospitalization expenses for the children.

(3) that the Husband pays a sum of RM1,000.00 or such other sum as the Court deems fit for the Wife's daily maintenance, support and sustenance on or before the 7th day of each month to be credited into the Wife's bank account;

(4) that the Defendant be ordered to pay arrears of maintenance in (2)(a) and (3) above for a period of 3 years preceding the institution of this suit or for such a period as deemed fit by the Court;

(5) the cost of the application to be borne by the Husband; and

(6) such further or other relief as the Court deems fit and just.

Court's decision

After considering the affidavits and submissions of both parties, I made the following decision:

Prayer (1): allowed.

Prayer (2) (a): allowed but the amount of maintenance for the 2 children per month is RM1,500 per month.

Prayers 2 (b) and (c): allowed but until the 2 children attain the age of 18 years.

Prayer (3): allowed, but maintenance for the wife is RM500 per month.

Prayer (4): dismissed.

Prayer (5): costs to be borne by the respective parties.

The Wife is now appealing against such part of my above decision regarding:

(i) the Husband to pay the Wife the sum of RM1,500 per month for the daily maintenance, support, and sustenance of the 2 children ("the children's maintenance");

(ii) the Husband to pay the Wife the sum of RM500 per month towards the daily maintenance, support and sustenance of the Wife ("the Wife's maintenance");

(iii) parties to bear their own costs.

Children's maintenance

The Wife, in her Affidavit In Support of her application (enclosure 2), claimed that her monthly expenses for the maintenance of the 2 children, not including actual education, medical and dental expenses, is about RM4,438.88 per month. The details of such monthly expenses are as follows:

The Wife submitted that the Husband earns about RM17,798.83 per month in 2008. He is an Advocate and Solicitor of 27 years' standing.

The Husband in his Affidavit Defendan No. 3 averred that he was only drawing RM7,000 per month for the past 12 months from his partnership. He also gets a total of RM4,000 of annual Director Fees. In the same Affidavit, the Husband itemised all his expenses as follows:

1. RM705.38 per month for the children's insurance premium;

2. RM1,167.72 per month for the Husband's own insurance premium;

3. RM52.15 for Group Hospital & Surgical Insurance Policy;

4. RM1,500 per month as payment to his mother for his food, lodging and laundry;

5. RM937.95 for insurance premium and RM544