Azahar Mohamed J:

[1]This is the defendant' application in encl 98, inter alia, for the relief that the order of Faiza Tamby Chik J dated 15 December 1999, in so far as it relates to the maintenance in the sum of RM5,000 per month payable by the defendant to the children, be varied and the defendant be ordered to pay a sum of RM400 per month as maintenance for Gayithiri Kunathasan Chelliah and Meera Kunathasan Chelliah with effect from 24 August 2001.

[2]Before going any further, it is important to set out the factual background and the sequence of events relevant to this application. The matter arises in this way. Theplaintiff is an accountant and the defendant is a public accountant and has his own accounting firm under the name of Chelliah & Associate in Johor Bahru. Theywere married at the Civil Registry of Marriages in Johor Bahru on 1 November 1987 and out of this marriage three children were born:

(1)Venothini Kunathasan Chelliah born on 7 February 1990;

(2)Gayithiri Kunathasan Chelliah born on 2 November 1993; and

(3)Meera Kunathasan Chelliah born on 24 Mac 1995.

[3]The plaintiff and the defendant have a long history of disagreements and irreconcilable differences. Sadly, the relationship came under enormous strain. Itappears they distrust one another. As a result of this start of affairs, on 3July 1997, thai is to say approximately two years after the youngest child was born, the plaintiff filed an ex parte originating summons in the Shah Alam High Court and obtained the following orders:

a)that the plaintiff be given immediate custody, care and control of her three children;

b)the defendant and/or his servants or agents or family members be restrained from taking possession, control or care of the three children from any place whatsoever;

c)the defendant and/or his servants or agents or family members be restrained from entering the plaintiff's house at anytime whatsoever;

d)the defendant and/or his servants or agents or family members be restrained from threatening, assaulting or harassing the plaintiff, the maid and/or the plaintiff's children in any manner whatsoever; and

e)the defendant is at liberty to apply to this honourable court for any variations of these orders and such application shall be heard inter partes by this honourable court.

[4]But soon, the defendant took out a summons in chambers dated 30 July 1997 and prayed for the following orders:

(i)that the order of the court dated 3 July 1997 be set aside;

(ii)that the defendant be given immediate custody, care and control of Venothini Kunathasan Chelliah, Gayithiri Kunathasan Chelliah and Meera Kunathasan Chelliah; and

(iii)that the plaintiff be given reasonable access to the children.

[5]On 1 April 1998, the Shah Alam High Court dismissed with costs the defendant's application but made the following orders:

(i)that the defendant be granted weekly access to the three children namely Venothini Kunathasan Chelliah, Gayithri Kunathasan Chelliah dan Meera Kunathasan Chelliah from 3pm on Saturday to 10pm on Sunday;

(ii)the defendant be granted access to the three children for two third of the short school term holidays and the plaintiff shall have access to the three children for one third of the short school term holidays;

(iii)the defendant and the plaintiff shall each have half of the December school term holidays in respect of access to the three children; and

(iv)the plaintiff and the defendant shall arrange and confirm through their respective solicitors the place for the fetching and returning of the three children at least five days before the defendant fetches and returns the three children.

[6]Going back a little, the plaintiff filed an application dated 25 March 1998 and prayed for the following orders:

(1)that the defendant pay to the plaintiff maintenance for the three children namely Venothini Kunathasan Chelliah, Gayithri Kunathasan Chelliah dan Meera Kunathasan Chelliah from 3 March 1997 till the date of filing of the Originating Summons No MT1–24–376 of 1997 on 3