The court reiterated that maintenance obligations must reflect the previous standard of living, and any application for variation requires evidence of material changes in circumstances.

[1] This is an appeal by Foo Ho Cheng, the respondent husband ("the respondent"), against my decision made in chambers on 30 March 2010 in respect of the summons in chambers filed on 22 November 2007 (encl. 38) by the respondent.

Enclosure 38

[2] In encl. 38, the respondent prayed for the following orders:

a. The payment of RM2,000 a month to the petitioner wife ("the petitioner") under the interim order dated 27 June 2006 (encl. 39) ("the interim order") be reduced to RM300 a month commencing from December 2007 until the divorce petition has been heard and decided.

b. The payment of the arrears of interim maintenance from July 2006 until May 2007 and September until November 2007 amounting to RM25,000 be paid in a period of two years from the date of this order.

c. Costs be in the cause.

d. Such other relief or order that is deemed just and appropriate by this Honourable Court.

Background Facts

[3] On 27 June 2006 the Court granted an interim order, namely, that the respondent pays the petitioner maintenance of RM2,000 per month commencing from July 2006.

[4] On 16 November 2007, the Court granted the decree nisi with the following orders:

(i) that the marriage between the petitioner be dissolved and that the decree nisi be made absolute three months from 16 November 2007;

(ii) that Chen Meng Zhou, the co-respondent, be ordered to pay the petitioner RM100,000 as damages for committing adultery with the respondent;

(iii) that the respondent be ordered to comply with the Court order dated 27 June 2006 and pay the arrears of maintenance due to the petitioner within 14 days from the said order.

[5] The decree nisi was made absolute on 8 April 2008.

[6] On 22 November 2007 the respondent filed the application in encl. 38 seeking to reduce the payment of maintenance to the petitioner.

Respondent's Grounds For Application

[7] The respondent's grounds for making the application in encl. 38 ("the application") are as follows (see encls. 37 and 38):

a. On 27 June 2006 the Court gave the interim order for maintenance of RM2,000 per month to be paid to the petitioner commencing from July 2006.

b. Up to May 2007, the respondent is not able to pay the maintenance of RM2,000 per month to the petitioner due to his heavy financial burdens.

c. However, the petitioner tried to pay RM2,000 per month from June 2007 until August 2007 and at the same time the respondent had made payment of RM1,000 per month for the arrears of maintenance.

d. The respondent has to bear the high expenses of the children's education, and also medical cards for the children and the petitioner.

e. In addition, since October 2007, the respondent also lost his source of income of RM1,100 from the rental of his property at unit 1-03, Blok 2A, No. 10, Jalan 5/58C, Maxwell West Tower, Gasing Heights ("unit 1-03") where such rental was used to finance the housing loan for the same property.

f. The balance of the respondent's income after deducting all expenses was not enough and the respondent had to take an advance loan from RGP Corporation (M) Sdn Bhd for payment of his high credit card bills.

g. In this situation the respondent is only able to pay RM300 per month interim maintenance to the petitioner, and the arrears of maintenance amounting to RM25,000 to be settled within a period of two years.

h. The petitioner would try to mitigate his circumstances by getting another job to supplement his needs.

Relevant Enclosures

[8] Several a