George Seah SCJ:

This is an appeal by the wife (hereinafter referred to as the appellant) against an Order of Siti Norma Yaakob J directing that the maintenance order dated 4 May 1979 for the period from 6 June 1983 to 5 January 1984 be rescinded. The learned Judge further directed that the amount of the maintenance be reduced in the manner following:

(a) From RM1,500 to RM800 per month from 6 January 1984 to 31 May 1985 and

(b) From RM800 to RM400 per month from 1 June 1985 onwards until further order.

The appellant was dissatisfied with these decisions and has appealed to the Supreme Court.

The first point taken by learned Counsel for the appellant was that the Court had no power to rescind an order for maintenance from 6 June 1983 to 5 January 1984 or for any other period of time. This contention was disputed by learned Counsel for the husband (hereinafter referred to as the respondent). In our opinion, the answer to this submission depends upon the true construction to be given to ss. 83 and 96 of the Law Reform (Marriage & Divorce) Act 1976 (hereinafter referred to as the Act). It is common ground that these sections give to the Court a general power to vary or rescin