Hamid Sultan Abu Backer JC:

[1] This is my judgment in respect of the application of the ex-husband seeking for an order as follows:

... for an order that the Wife Petitioner do contribute RM450.00 or such other sum as the court may deem just and proper towards the maintenance of the 3 children and a further order that the said Great Eastern Life Assurance (Malaysia) Berhad GE Life Education Planner Policy No. 8052094-7 taken out in the name of the Wife Petitioner be varied and read as follow:

That as a condition for the Husband Petitioner continuing to pay the premiums for the Great Eastern Life Assurance (Malaysia) Sdn. Bhd. GE Life Education Planner Policy No. 8052094-7 taken out in the name of the Wife Petitioner for the life of the child of the family, GABRIELLE LAU SING JIEH, the Wife Petitioner expressly consents and agrees that the said Great Eastern Life Assurance (Malaysia) Berhad GE Life Education Planner Policy No. 8052094-7 be varied to the sole name of the Husband Petitioner or the joint-name of the Husband Petitioner and/or the Wife Petitioner. The Wife Petitioner shall not surrender the said insurance policy during the tenure of the same in the event that there is any payment from this policy to the Wife Petitioner, the Wife Petitioner shall forthwith forward the whole sum to the Husband Petitioner for the sole benefit of the said child GABRIELLE LAU SING JIEH effective from the date of this Order.

[2] Grounds of the application are stated as follows:

(a) There is a material change of circumstances that the Husband Petitioner may need the Wife Petitioner to contribute to the maintenance of the 3 children given the financial status of the Husband Petitioner after the Order made on the 21st day of March, 2006.

(b) Since the Wife Petitioner is not contributing to the payment of the premiums of the said Great Eastern Life Assurance (Malaysia) Berhad GE Life Education Planner Policy No. 8052094-7 which is taken out in the name of the Wife Petitioner for the life of the child of the family, GABRIELLE LAU SING JIEH, it would only be fair and reasonable that the same be varied to the joint name of Husband Petitioner and/or the Wife Petitioner for the sole benefit of the said child as the Husband Petitioner is solely responsible for the payment of the same.

Brief Facts

[3] In this case, decree absolute has already been perfected; and by the 1st consent order, the court made the following orders namely:

(a) That the said marriage may be dissolved;

(b) That there shall be no maintenance for the Wife Petitioner;

(c) That the Husband Petitioner shall have the sole custody, care and control of the 3 children of the marriage, namely, Gabrielle Lau Sing Jieh, Osrin Lau Li Shen and Quinne Lau Chin Yee, with reasonable access to the wife petitioner which shall be arranged between the petitioners;

(d) That the husband petitioner shall continue to pay the premiums for the Great Eastern Life Assurance (Malaysia) Berhad GE Life Education Planner Policy No. 8052094-7 taken out in the name of the wife petitioner for the life of the child of the family, Gabrielle Lau Sing Jieh, and that in the event that there is a payment from this policy to the wife petitioner, the wife petitioner shall forthwith forward the whole sum to the husband petitioner;

(e) That the costs of this petition shall be borne solely by the husband petitioner.

(f) That there be liberty to apply.

Preliminary

[4] It is material to note that at the time the consent order was made no provision for maintenance was provided for the wife. The consent order by all means was largely in favour of the ex-husband. Any person conversant in the legal jurisprudence relating to law of Marriage and Divorce would say the order is not at all favourable to the wife petitioner, more so when, during the wedlock, the wife petitioner must have gone through great pain and suffering in giving birth to three children and taking care of them. There were no provisions made also for the sharing of matri