Siti Norma Yaakob JCA:

These two appeals were heard together as they stem from the same matrimonial proceedings commenced by the wife, the appellant in Civil Appeal Q-02-165-2000, against the husband, the appellant in Civil Appeal Q-02-195-2000.

The parties were married on 29 August 1986, and cohabited at No. 70, Brooke Drive, Sibu, the matrimonial home. They have four children namely:

(1) Stefany Valerie Tiong Fhong (f) ("Stefany") born on 6 June 1987.

(2) Kenneth Tiong Yung Yee ("Kenneth") born on 1 May 1988.

(3) Clara Tiong Siew Ee (f) ("Clara") born on 8 March 1991 and

(4) Kelvin Tiong Yung Yiing ("Kelvin") born on 30 November 1992.

As at the hearing of these appeals before us, the four childen were aged 13, 12, 9 and 8 respectively.

In February, 1999, the husband left the matrimonial home together with Kenneth, Clara and Kevin ("the three children") and they took up residence at 17 1/2 Mile, Ulu Oya Road, Sibu, (the farmhouse) together with one Madam Yong and her four children. The wife continued to reside at the matrimonial home together with Stefany.

On 6 September 1999, seven months after the husband moved out of the matrimonial home, the wife commenced proceedings