JUDGMENT

Yeoh Wee Siam JC:

Appeal

(1) This is an appeal by Rajveer Singh Dhaliwal ("the defendant") against the whole of my decision made in chambers on 2 December 2010 regarding encls. 1 and 18 of the above originating summons.

Enclosure 1

(2) By this originating summons the plaintiff applied for the following orders against the defendant:

1. That the plaintiff, Shyam Ishta Puthucheary (NRIC No. 630122-01-5072), the mother, be granted sole guardianship, custody, care and control of the children of the marriage, Kahil Isaac Dhaliwal, Kimaya Li-Yin Dhaliwal, And Kharun Zuriel Dhaliwal ("the said children");

2. That the defendant, Rajveer Singh Dhaliwal, either by himself, his servants or agents be restrained from taking the said children out of Malaysia without the leave of this Honourable Court;

3. That notice of this order be given to the Australian High Commission, Kuala Lumpur and the Jabatan Imigresen Malaysia by being provided with a certified true copy of this order;

4. That the defendant pay to the plaintiff a monthly sum of RM5,000 as maintenance for the plaintiff, which maintenance shall be payable on or before the 3rd day of each month directly into a bank account designated by the plaintiff. The maintenance herein shall be subject to an annual increase of 5% on the maintenance sum payable during the preceding year, the increase being effective from 1 January of every year;

5. That the defendant pay to the plaintiff a monthly sum of RM15,000 as maintenance for the said children, which maintenance shall be payable on or before the 3rd day of each month directly into a bank account designated by the plaintiff. The maintenance herein shall be subject to an annual increase of 5% on the maintenance sum payable during the preceding year, the increase being effective from 1 January of every year;

6. That the defendant shall pay for all of the said childrens medical, dental and optical expenses, including but not limited to consultation, treatment and hospitalization expenses.

7. That the defendant shall pay for all educational expenses for the said children, including but not limited to all school fees, tuition fees, school books and stationery, uniforms, school shoes, transport, all extra-curricular activities (within school and outside school) and any other educational expenses at an international private school. In this regard:

7.1 The defendant shall pay forthwith the fees or any other educational expenses directly to the school/college/ university/educational establishment upon being issued with an invoice from the said school/college/university/educational establishment;

7.2 The defendant shall pay for any other educational expenses not covered by the sum provided for in 7.1 above whether directly upon being presented with an invoice for the same which payment shall be within the time limited for payment in the invoice or by forthwith reimbursing the plaintiff for any payment that she has made upon being provided with the receipt for the said expenses within seven days of the receipt of payment being submitted to the defendant, payment being made directly into a bank account designated by the plaintiff;

8. That the defendant reimburse the plaintiff the sum of RM24,325 paid by the plaintiff to KC Dat Movers Sdn Bhd on behalf of the defendant.

9. That the defendant pay to the Jabatan Perkhidmatan Awam any sums that are claimed against the plaintiff with regards to an agreement dated 9 August 2001 between the plaintiff and Jabatan Perkhidmatan Malaysia.

10. That the defendant have reasonable access to the said child, which access shall be in the presence of the plaintiff;

11. That the defendant be ordered to pay the costs of the action herein;

12. Such further or other relief that this Honourable Court deems just and necessary.

Enclosure 18

(3) In this summons in chambers the defendant applied for the interim order dated 21 June 2010 to be amended as follows:

(a) that the defendant be given the rig