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1996 MarsdenLR 1997

ABDUL WAHAB PATAIL
KHOO CHENG NEE – Appellant
Versus
LUBIN CHIEW PAU SING – Respondent


Advocates:
M Manoharan (Karpal Singh & Co) for the petitioner.
A Kanesalingham (Kanesalingam & Co) for the respondent.

JUGMENT

This petition filed on 2 September 1993 is for the following orders:

(1) that the petitioner's marriage to the respondent of 6 January 1985 be dissolved;

(2) that custody, care and control of the children of the marriage, Joshua Ezekiel Lubin born 23 July 1985, and Caleb Mikhail Lubin born 17 May 1988, be given to the petitioner;

(3) that the respondent pays maintenance in the sum of RM1,000 per child, and that no maintenance be provided for the petitioner;

(4) that the respondent be given reasonable access to the children in the presence of the petitioner or her family member; and

(5) such other orders as the court thinks fit and proper.

The respondents' counsel in Kota Kinabalu had informed him of the proceedings and to engage counsel on 30 December 1993. They had withdrawn from representing him due to difficulties in contacting him. As a result, an order for substituted service of the petition was applied for on 6 April 1994 and granted on 5 May 1994.

The petitioner was an air hostess when she met and married the respondent, who was a third officer on a ship. She claims all her money was spent as he took long leave without pay. She had to stop working as the date of birt

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