Hadhariah Syed Ismail JCA:

Introduction

[1] The appeal by the appellant is against the decision of the High Court given on 17 April 2019, allowing the respondent's Notice of Application (Encl 36) to set aside the Decree Nisi dated 2 June 2010 and Certificate Making Decree Nisi Absolute dated 3 September 2010 with costs.

Background Facts

[2] The appellant, 69 years old now, is a retired teacher with a monthly pension of RM1,300.00. She now works as a private tuition teacher.

[3] The respondent, 71 years old now works as an estate agent and security official in Penang.

[4] The appellant and the respondent were married on 23 December 1977. Out of the marriage, they had two children:

(i) Ang Chuan Lek, a son aged 42 years old now; and

(ii) Ang Shin Jee, a daughter aged 33 years old now.

[5] Ang Shin Jee was born with "Down Syndrome" and is mentally disabled. She requires constant care and supervision. This fact is admitted by the respondent.

[6] The appellant and the respondent had lived together at No 9, Jalan Bukit Desa 2, Taman Bukit Desa, 58100 Kuala Lumpur until 3 June 2008 when the respondent left the house after a quarrel with the appellant.

[7] The couple jointly owned a matrimoni