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Blocking Variation Application of Dekri Nisi

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asked on Jul 25, 2016 at 19:51
by   jeff005
This is a continuation from the following Thread.

https://www.lawyerment.com/answers/questions/11482/changes-variations-in-court-order-dipinda-agar?g=6#a33180

I shall explain in detail later as to why i decided to fight against my ex-wife who has made an application to the High Court to vary the T & C of the original Decri Nisi of which I was granted Joint Custody. Now she wants FULL CUSTODY by making baseless accusations and slandering.
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answered on Jul 29, 2016 at 18:38
by   jeff005
@ vkpc

1/ The above Whatsapp msgs has been recovered from gmail main servers located overseas.
2/ There can be NO tampering. And can be Authenticated under the Electronic Evidence Act.
3/ Whatsapp do not keep a copy of any msgs in their servers. It is stored in the users handphone and thus can be "tampered" like what has been done in most of the exhibits filed in my court case. The good msgs and explanations has been deleted and the rough ones i wrote has been filed in court as "evidence".
4/ Most of her evidences have been "tampered"and thus cannot be use in a court of law and it is not the "full transcript" and cannot be AUTHENTICATED BY 3RD PARTY. Whereas mine can be, by gmail servers located overseas.
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answered on Jul 29, 2016 at 19:19
by   alice
The chat is not so clear.
What does BD job mean?
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answered on Jul 29, 2016 at 19:23
by   jeff005
@ alice

BD in IT lingo is BUSINESS DEVELOPMENT
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answered on Jul 29, 2016 at 19:26
by   jeff005
edited Jul 29, 2016 at 19:53
by   jeff005
@ vkpc

This another impt evidence for me.

******************************************************************

27/10/2015, 10:48 AM - Jeff Lee: What is that job? Jobscope?
27/10/2015, 10:53 AM - Viki: Senior position
27/10/2015, 10:54 AM - Viki: Etl project implementation
27/10/2015, 10:55 AM - Jeff Lee: I am non IT. NO more further comments. Marketing I can help. Bye.
27/10/2015, 10:59 AM - Jeff Lee: Up to at tis time u hv none of personal clothings in yr SON's room. It is just hotel room to u. There is no emotional attachment here. Evacuate the hotel room once stay overnight.
27/10/2015, 11:01 AM - Jeff Lee: Should ask yr Lover Man. Yr life is with him next time and he is IT trained.
27/10/2015, 11:05 AM - Viki: I got no lover
27/10/2015, 11:16 AM - Jeff Lee: U hv allowed sexual intimacy gave yr heart soul and  body. If he is not a LOVER then what is he? It is fair he takes up part of yr emotional issues now. Shared private issues and arrangements with him, and gets very hurt by his mixed signal. He may not consider u as his woman but a trophy a sex slave but yr actions showd u r this MAN's WOMAN.
27/10/2015, 11:16 AM - Jeff Lee: I am typing at my snail mail pace.
27/10/2015, 11:49 AM - Jeff Lee: You hv forced me to leave u with yr actions and yr intimacy with yr MAN.
27/10/2015, 12:06 PM - Viki: The problem solve if it is uncommitted companion
27/10/2015, 2:06 PM - Viki: I had lunch with other colleagues,  including him
27/10/2015, 3:11 PM - Viki: I'm tired
27/10/2015, 4:49 PM - Jeff Lee: U
27/10/2015, 5:32 PM - Viki: He complain his salary very less
27/10/2015, 5:44 PM - Viki: He said he in deep trouble
27/10/2015, 5:50 PM - Viki: I dun think so
27/10/2015, 5:51 PM - Viki: He said he wan to talk to me after he see the director
28/10/2015, 10:41 AM - Viki: Hi
28/10/2015, 10:41 AM - Jeff Lee: Hi my Love..
28/10/2015, 10:42 AM - Viki: My love...
28/10/2015, 10:42 AM - Viki: I dun know what to do
28/10/2015, 10:42 AM - Jeff Lee: I just came back from tmn bukit jalil.
28/10/2015, 10:43 AM - Jeff Lee: For what issue?
28/10/2015, 10:45 AM - Viki: Heart beating very fast
28/10/2015, 10:45 AM - Viki: Got Nothing to do herr

(1/ I have stated non interference in her jobs. "I am non IT. NO more further comments. Marketing I can help. Bye.
2/ Her future muslim husband has finance issues. "He complain his salary very less. He said he in deep trouble"
3/ She contacted me " Hi ". I replied "Hi my Love..", She replied "My love... I dun know what to do". Is this not "playing" with my emotions? It is she who is playing with the emotional card games.. NOT ME..!!
4/ She has health issues "Heart beating very fast". How can she have FULL CUSTODY IF SHE HAS HEALTH ISSUES.??)
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answered on Jul 29, 2016 at 19:38
by   jeff005
edited Jul 29, 2016 at 20:00
by   jeff005
@ vkpc

I have recovered the Whatsapp conversations.
This is 3rd party Autentication from gmail overseas servers.

When printed out almost 80 pages.

Q. Shall I file in as my "exhibits" for current and future use? (whole set/transcript)

A lot of other conversations can be used to dispute her allegations in the coming future.

My children insisted that I should clear my name once and for all.

As I have stated that this is NOT only my fight but my other children wants to fight too, so that they can still be able to see this youngest brother at least 3 nights per week as per original Dekri Nisi.

Everybody, including relatives, friends, is concerned about the future of the welfare of this child.
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answered on Jul 29, 2016 at 20:39
by   vkpc
Try do the first draft of the 2nd affidavit and then we see how everything fits together.
Post it here.
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answered on Jul 30, 2016 at 02:40
by   jeff005
@ vkpc

Proof of my offer to assign FULL CUSTODY to ex wife..

29/02/2016, 9:07 AM - Jeff Lee: I have accepted I have lost you forever.
29/02/2016, 9:16 AM - Jeff Lee: I will assign Full Custody of Alvin Lee to you once he reaches 12years old  ie 25.09.2017  on the basis you provide of 1. Legal Marriage Cert in MALAYSIA, 2. Ability to provide for his welfare. 3. No changing of his religion till his own consent after age 18.
29/02/2016, 9:37 AM - Jeff Lee: 4. Proof of acceptance of Alvin by his new father.
29/02/2016, 9:38 AM - Jeff Lee: From his new father.

(I have offered Full Custody of son to her by Sept 2017. But now she choose to speed it up by filing in court which means there is intention to bring my son overseas and not coming back once she gets FULL CUSTODY.)

****************************************************************

28/10/2015, 2:24 PM - Jeff Lee: Still got heart pain?
28/10/2015, 2:26 PM - Viki: No
28/10/2015, 2:26 PM - Viki: Got  heart beat
28/10/2015, 2:26 PM - Viki: Fast
28/10/2015, 2:27 PM - Viki: I think I'm old dy
28/10/2015, 2:27 PM - Viki: Worried about the BD job
28/10/2015, 2:28 PM - Jeff Lee: Pls stop worrying..oke?
28/10/2015, 2:28 PM - Viki: I think because I dun have ppl beside me
28/10/2015, 2:29 PM - Jeff Lee: I am beside u all the time. U only hv to accept me.
28/10/2015, 2:33 PM - Viki: True
28/10/2015, 2:34 PM - Viki: Anything else I can do beside wait??
28/10/2015, 2:35 PM - Viki: I sit till bored
28/10/2015, 2:35 PM - Jeff Lee: Hug and kiss more
28/10/2015, 2:35 PM - Viki: Aiyo,  i mean wat I can do at office..
28/10/2015, 2:36 PM - Jeff Lee: Thru wasap
28/10/2015, 2:37 PM - Viki: 😓

(Is this not "flirting" with me. Blowing kisses to me on Whatsapp? Not passing wrong messages to me?)
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answered on Jul 31, 2016 at 04:20
by   jeff005
edited Jul 31, 2016 at 04:28
by   jeff005
@ vkpc

Below is the draft. Please help with the appropriate translation in proper malay.

@ kiki
Jika ada masa lapan, boleh anda tolong saya pada masa kesusahan saya?

Thanking you all in advance.

AFIDAVIT BALASAN RESPONDEN KEPADA AFIDAVIT BALASAN PEMOHON
         ( menjawab afidavit sokongan Lim xxx xxxx yang bertarikh 15 Mei 2016 ) 

Saya, Lee ( No. KP : ) seorang warganegara Malaysia yang cukup umur dan beralamat di 71, Jalan Lazat XXX, Taman Gembira, Jalan Kelang Lama, 58200 Kuala Lumpur,  sesungguhnya berikrar dan menyatakan berikut :- 

1.  Saya adalah Responden yang dinamakan diatas.

2. Saya menyatakan bahawa saya mengikrarkan afidavit ini bagi membalas Afidavit Balasan Pemohon yang berikrarkan pada 15 July 2016 (Afidavit Pemohon).

3. Pemohon is "estopped" from bringing up issues that happen before Decree Nisi judgement.

4. Alireza Zarrabi is an Iranian working in Malaysia with an employment visa since September 2011. Under Immigration Rules, the maximum period for extension is 5 years. His employment visa will expire soon and wlll be out of work soon and will be forced to return to Iran. Even if after marriage, an application for spouse visa would take many months. Spouse visa do not allow the applicant to work for a period of time (minimum 6 months). And there is no guarantee that a spouse visa would be issued. The pemohon have indicated that Alireza has work problems relating to finance, in that company via Whatsapp. Ref: (Exihibit LTY-A page 5)

5. Responden have more than sufficient funds for continued shared-custody of the child.  Responden is not applying for full custody. 

6. My 2 adult children has sworn in 2 affidavits promising to help raise the youngest brother ia itu Alvin Lee

7. By working part-time Responden have more time for the child compared to the pemohon and her future husband who are both in bidang IT which has overtime work regularly

8. Fikiran Pemohon is outdated when she complained about a woman having to pay RM150 maintenance to a man as both genders are equal by law. 

9. Pemohon has loose morals by engaging in group sex sessions and is therefore unfit to be given full custody. 

10. Chat exhibits showing responden trying to reconcile with pemohon is unrelated to this application for full custody. Previous efforts towards reconciliation was only done with the welfare of the kid in mind and with the promises of the pemohon for reconciliation and companionship with the responden.

12.  All the terms of the Decree Nisi of 2012 was agreed to collectively as a package (Consent Judgement). Custody terms cannot be varied without affecting other terms.

13. Menjawab perenggan 3, 14, 15, 16, 18, 19   pemohon mengatakan "anak tersebut hidup stabil dan gembira tanpa apa-pa isu. Maka penukaran akses penuh kepada pemohon akan merosakan kehidupan anak tersebut. Anak sudah attend Buddhist Religious Class since Jan 2013.  Kid could get confused, stress or pressured if he stay in house where the parents are of different religion. It is more suitable for a kid to stay in a house where the parents/adults are of the same religion. ( for guidance ) 

14. Menjawab perenggan 24 afidavit pemohon. Dalam tuntutan Single Divorce Pemohon, beliau yang bagi terma kesemua perbelanjaan anak ditanggung oleh Pemohon. Tuntutan/pemintaan saya hanya (1) Joint Custody, (2) Alimony RM150 kepada saya. Beliau pada masa itu memberitahu saya dia ada masalah kewangan. RM150 yang amat kecil atas gaji Pemohon yang melebehi RM4,000 pada masa itu.

15. Menjawab perenggan 32 afidavit pemohon. Saya di tudoh sebagai kaki pornografi. Saya menafikan tudohan tersebut. Responden hanyalah percubaan lemah, kosong dan tidak bemerit tanpa disokong oleh apa-apa keterangan.  Sebenarnya, maka Pemohon seorang "Seks Predator". Pada umor 22, beliau suka mengambar sendiri bogel, selepas itu menjalankan akitivi seks. Sebelum perkahwinan pada umor 27, beliau pernah membuat aktiviti seks dengan beberapa oang lelaki, termasuk group seks. Selepas perkahawinan, aktiviti masih ada. Seorang orang putih yang pemohon banyak suka, kebenaran untuk mengambil gambar di benarkan. Gambar2 "abormal" seks dengan orang putih itu (2 kali) diagar lucah boleh dibentangkan sebagai keterangan (Tanpa Prejudis kepada Responden) di Mahkamah kelak jika diperlukan.
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answered on Jul 31, 2016 at 07:55
by   kiki
@ kiki 
Jika ada masa lapan, boleh anda tolong saya pada masa kesusahan saya? 
jeff005,

Have translated and emailed to you.
translation is purely based on your points.
your sentences is long
but i worry i might missed your point.

i agree to vkpc idea to just keep it short and simple

post your final draft quickly 
so we could comment and maybe improve it.
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answered on Jul 31, 2016 at 21:49
by   jeff005
@ kiki

At 3am you are doing all these for me

Much appreciated.. deep in my heart Ol'frenz.

Working on it now
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