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2010 MarsdenLR 447

HIGH COURT MALAYA KUALA LUMPUR
LIM HONG BEE – Appellant
Versus
MAH TECK OON – Respondent


Suraya Othman J:

Introduction

[1] This is an application by the respondent husband by way of summons in chamber in encl (32) praying for the orders as follows:

(1) that the respondent is released or discharged from paying any maintenance from October 2007 to the wife under the consent order of court dated 27 February 1985;

(2) that cost of the application is borne by both parties; and

(3) other reliefs this court deems fit.

[2] The respondent husband in his application laid down the grounds for his application which are among others:

(i) that the respondent husband has obtained the age of 55 and has retired and thereby there is no obligation on his part to comply with the consent decree nisi order dated 27 February 1985;

(ii) that the petitioner wife is employed and capable of maintaining herself and therefore does not require any maintenance;

(iii) that the respondent husband has remarried and is entitled to be discharged from paying maintenance; and

(iv) that there is material change in circumstances in this case.

Factual Background

[3] From the pleadings adduced by both parties in this court, the facts of this case are as follows:

[4] The respondent husband and petitioner wife obtained a dec

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