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2019 MarsdenLR 2609

HIGH COURT MALAYA SHAH ALAM
THIRUPATHY MUNIANDY – Appellant
Versus
BINTUMATHY RAMAKRISHNAN (ENCLS 5 18 26 27 28 32 33 & 37) – Respondent


Petitioner Advocates:Jasber Singh,Noor Shakira ,Respondent Advocate: Binthumathy Ramakrishnan

Table of Content
1. originating summons filed for custody. (Para 1 , 2 , 3)
2. arguments presented by both sides concerning custody. (Para 4)

[1] This Originating Summons ("OS") was originally filed in the Family Court, Alor Setar, Kedah on 4 May 2017 where the Plaintiff Husband ("PH") claimed for guardianship, custody, care and control of the children of the marriage or in the alternative he be given access to the said children. On 7 January 2018, PH and DW then entered into a consent order [(encl 18) - referred as "the said consent order " ] whereby parties had agreed that custody, care and control of the children of this marriage were given to DW and access was given to PH. PH had also agreed to pay RM400.00 every month for the maintenance of each child and other payments. This OS was then transferred to the Family Court, Shah Alam via a notice of transfer filed under O 57 r 2 Rules of 2012 ("RC 2012") dated 26 June 2018 (encl 19).

[2] On 21 January 2019, PH filed this application (encl 26) under O 42 r 13 RC 2012, seeking to vary and/or review the terms in the said consent order by seeking the custody, care and control of the said children and claiming for maintenance of the said

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