JUDGMENT

Wong Mee Ling J:

Introduction

[1] The Respondent Husband ("RH") has filed a Divorce Petition against the appellant wife ("AW"), inter alia, to dissolve the marriage between the RH and the AW on 24 November 2023 (encl 1).

[2] After considering all the cause papers, pre-trial documents and proposal by the RH and the AW, I made the following order on 14 October 2024, amongst others:

(a) the marriage between the RH and the AW be dissolved immediately;

(b) care and control of the child to be given to the AW;

(c) joint custody of the child given to the RH and AW for the matters relating to education, welfare and religion of the child;

(d) the RH be given:

(i) one (1) year of supervised access to the child from the date of this order where the RH can visit the child twice a month, namely every second and fourth week Sunday from 2.00pm to 5.00pm at a public place to be agreed by the parties vide WhatsApp one (1) day before the visit;

(ii) a year later, the RH is given unsupervised access to the child where the RH can visit the child twice a month, namely every second and fourth week Sunday from 10.00am to 5.00pm without the presence of the AW;

(iii) when the child reaches the age of six (6), the RH be given overnight access for one (1) night either on the second or fourth week; and

(e) the RH to pay maintenance of the child:

(i) RM400.00 every month on or before 27th of each month, for a period of one (1) year from the date of the order; and

(ii) a year later, pay RM500.00 every month for the maintenance the child;

(iii) when the child reaches the age of seven (7), pay RM800.00 every month until the child completes his Bachelor Degree.

[3] Below are my grounds of the decision.

Background

[4] The background facts in this application are gathered from the cause papers.

[5] RH and AW were married in Johor on 1 November 2019 and live in Johor Bahru. They have one child who was born on 11 August 2021. The child was three (3) years old at the date of the hearing of encl 1.

[6] The parties had a huge fight sometime in March 2022, amongst others, the AW has raised an issue about the RH's mother who suffered a stroke and was partially paralyzed at that time. The RH has asked the AW not to disturb his mother and AW refused to listen. The RH then asked the AW to leave the matrimonial home and stay at her mother's place for the time being until the conflict was resolved. The AW left the house with the child and never returned home after this.

[7] The AW on the other hand denied the allegations and contended that she was forced to move out from the house with the child after the fight with the RH sometime in March 2022. The RH has threatened to harm her if she refused to leave the matrimonial home. She averred that the fight was due to the RH's mother cursing her on that day.

[8] On 14 October 2024, the parties informed the court that the matter had been mediated at the Mediation Centre on 16 July 2024 and the mediation failed because the parties were not able to reach an agreement.

[9] The parties then informed the court that there are only two (2) issues that cannot be settled, namely the access rights and the maintenance to the child.

[10] I then requested the parties to discuss the proposal made by each other first and I will mediate the matter on the issues which had not been resolved by the parties. Subsequent thereto, the parties reached an amicable agreement, I then recorded the terms as stated in the court Order dated 14 October 2024.

Issues To Be Determined

[11] The issues to be determined by this court is:

(a) whether the Order made on 14 October 2024 is a Consent Order; and

(b) whether the Consent Order is appealable.

court Analysis And Findings

Whether The Order Made On 14 October 2024 Is A Consent Order

[12] In regard to the first issue, the AW argued that the Order made on 14 October 2024 is not a Consent Order and that she never agreed to the terms in the said Order.

[13] The RH on the other hand, argued that the Order is a Consent Order and the terms in