Mohd Ghazali Yusoff JCA:

The appellant filed this petition on 11 March 1999 and prayed for, inter alia, that his marriage with the respondent be dissolved on the ground that the marriage has broken down irretrievably. The marriage was registered on

26 January 1977.

There are four children from the marriage, namely:

(i) Chan Wai Leng (f) (date of birth 3 November 1978);

(ii) Chan Weng Yew (date of birth 10 January 1981)

(iii) Chan Wai Sarn (f) (date of birth 15 December 1982); and

(iv) Chan Wai Yi (f) ((date of birth 7 December 1987).

The appellant also prayed for an order that he be given custody and guardianship of the 3rd and 4th child.

A decree nisi was granted on 18 January 2000 by the learned judge, High Court, Ipoh. It was ordered, by consent, that the parties be granted joint custody of the 3rd and 4th child with the respondent having care and control thereof and the appellant having liberal access thereto. The appellant was also ordered to pay RM200 per month as interim maintenance to the respondent commencing 18 January 2000.

Subsequently, on 28 June 2000 the appellant was ordered by the court to, inter alia, pay to the respondent the following:

(a) 40% of his em