Lee Hun Hoe J:

This is an application by originating summons under the Sabah Guardianship of Infants Ordinance (Cap. 54) for the custody of two infants.The applicant is the proprietor of Lucky Book Store at Tawau.On 12 December 1956 he married the respondent at Tawau according to Chinese custom.They have three daughters and a son.The eldest is a girl born in 1957 and the youngest child is a boy born in 1963.In January 1964 when the boy was some nine months old she left the applicant taking with her the three daughters.In September 1964, the applicant took back the eldest daughter.The respondent alleged that she left the applicant because he frequently scolded and beat her making life unbearable for her.On 16 December 1964 she succeeded in obtaining a maintenance order against the applicant in the magistrate's Court, Tawau.He was ordered to pay monthly $15 for maintenance to the respondent and $20 for each child as long as the children are with her.Subsequently the monthly maintenance for the respondent was cancelled.Sometime in 1965 she went to live with one, Wong Hock Khin, a married man with children of his own.She has two children by Wong.She stated that she married Wong