Vazeer Alam Mydin Meera JCA:

In The High Court

[1] By consent of parties, a Decree Nisi was granted by the High Court on 1 November 2010 dissolving their marriage, wherein the following specific ancillary orders were, inter alia, made:

(a) that custody, control and care of their elder daughter Preeya Nanthini (a special needs child) be granted to the Respondent Husband;

(b) that their matrimonial home at No 5, Jalan SS1/41A, Kampung Tunku, 47300 Petaling Jaya, Selangor Darul Ehsan ("the Matrimonial Home"), registered in the joint names of the parties, was to be held in trust for their two children in equal shares in accordance to the terms spelt out in the Decree Nisi.

[2] On 4 March 2013, the Petitioner Wife filed a Notice of Application to vary the Decree Nisi, in which the Petitioner Wife sought custody, control and care of their elder daughter Preeya Nanthini be given to her, instead of the Respondent Husband. Further, the Petitioner Wife also sought a variation in terms of the declaration of trust in respect of the Matrimonial Home, where the Petitioner Wife sought for an order to sell the Matrimonial Home and for the proceeds of sale be given to her as lifetime maintenance