Yeoh Wee Siam JC

INTRODUCTION

[1]This is an appeal filed on 25 February 2010 by Ng Say Chuan, the plaintiff husband (‘the husband’) against my decisions made on 28 January 2010 in respect of the joint hearing of:

(a)Case No OS S8–24–156 of 2008 regarding encl 1 (‘encl 1’);

(b)Case No OS S8–24–143 of 2008 regarding encl 15 (‘encl 15’).

I heard both parties regarding encl 15 first, followed by encl 1.

ENCLOSURE 15

[3]This is an application by the husband for the following prayers:

(a)the interim order of the court dated 15 January 2009 (‘the interim order’) be suspended or varied;

(b)the husband stops paying interim maintenance of RM4,500 per month commencing April 2009;

(c)the wife pays interim maintenance of RM5,000 a month to the husband commencing April 2009;

(d)the husband be given the care, custody and control (‘custody’) of the three children from the marriage;

(e)reasonable access of the children be given to the wife;

(f)costs in the cause; and

(g)any other relief as the court deems fit.

[4]The grounds for the application are as follows:

(a)the husband is now unemployed;

(b)month whereas his sole income is from the rental of RM4,100 per month from his house. Therefore, the husband is unable t