Zulkefli Makinudin JCA:

Introduction

[1] This is an appeal by the first respondent against the decision of the learned judge of the High Court at Kuching in allowing the petitioner's application ("the application") filed by way of summon-in-chambers under s. 83 of the Law Reform (Marriage and Divorce) Act 1976 ("the Act") for a variation of the maintenance order made on 14 June 1989. In support of the application, the affidavit affirmed on 2 November 1998 by the petitioner stated that there had been material changes in the circumstances affecting the child of the marriage, namely Emily Jasmine Ngu Beixe, and the life of the petitioner over the past ten years. Emily was then fifteen years old and her needs have increased, and given the high cost of living today, the petitioner had requested that the maintenance be doubled from RM1,500 per month to RM3,000 per month.

Background Facts

[2] The relevant background facts of the case leading to the filing of the application are as follows:

(1) On 17 December 1987, the petitioner filed a Divorce Petition No. KG 61 of 1987 in the High Court (I) at Kuching, praying for inter alia, judicial separation, division of property and a mont