Raus Sharif J:

Petition And Cross Petition

In a petition for divorce dated 1 September 1999, the petitioner husband (husband) prays that the marriage between him and the respondent wife (wife) be dissolved. He also prays that no financial provision be made for the wife but is willing to bear the costs of this petition.

In answer to the said petition and in a cross petition dated 31 May 2000 the wife also prays that the marriage be dissolved. However, the wife prays that there must be division of all matrimonial assets equally between them, maintenance of RM10,000 a month, or such other reasonable sum, and that the costs of the proceedings.

Facts

From the pleadings and evidence adduced by both parties in court, the facts of this case are as follows:

The husband is a Malaysian. The wife is an Indonesian of Chinese decent. The parties were married in the United Kingdom on 27 September 1986. It was the wife's first marriage and the husband's third marriage. There are no children of the marriage.

The parties met in London in 1984. At that time, the husband was working towards his Fellow of Royal College of Surgeon (FRCS). The wife was studying architecture in Germany.

In 1991 the husband passed his Part 2 FRCS examinations qualifying him to practice as an Ear and Throat Surgeon (ENT). In the same year, the wife, after completing her studies in Germany, qualified to practice as an architect in United Kingdom.

Both parties worked whilst in United Kingdom, and accumulated funds to acquire and live in and/or maintain the following properties:

(i) 111, Queen Court, Queensway, London.

(ii) 53, Ringmore Rise, Forest Hill, London; and

(iii) 40, Derby Hill, Forest Hill, London.

In 1993 both parties returned to Malaysia. A Mercedes Benz 190E was imported into Malaysia from the United Kingdom and given Malaysia No BDV 411. on 22 September 1993 their marriage was registered in Malaysia in compliance with s. 31 of the Law Reforms (Marriage and Divorce) Act 1976 (Law Reforms Act). In Malaysia the parties lived at No 25-A, Bangsar Heights Condominium, Lorong Kalai, Bangsar and subsequently at No 5-11-7, Pantai Panorama Condominium, off Jalan Kerinchi.

During the marriage the following Malaysian properties were purchased:

(i) An apartment at A-15-05, Sunnyville, Penang.

(ii) Two lots of land at Taman Lumba Kuda, measuring in total 8,605 sq ft held under title HS (M) 276/1991 PT 1252 and HS(M) 277/1991 PT 1263 both at Mukim Alor Merah, Kedah Darul Aman.

(iii) An apartment at 22-03A, Midland Park, Penang.

(iv) Two shoplots at Sunny Point, Penang.

(v) Semi-detached house at Taman Golf, Alor Setar.

(vi) Clinic premises at Gleneagles Intan Medical Centre, Kuala Lumpur.

(vii) Land at Country Heights, Mines Resort.

Monies repatriated from United Kingdom were used to purchase or pay for the deposit for some of the abovementioned properties in Malaysia. But the properties at Bangsar Heights Condominium and Midland Park, Penang, were sold with the proceeds retained solely by the husband.

The husband completed his three years government service at University Hospital, Petaling Jaya, whereupon he commenced private practice in 1996. However, the wife cannot work as an architect in Malaysia. This is because she is not a permanent resident and thus unable to sit for the Pertubuhan Akitek Malaysia (PAM) examinations, for the purpose of practising architecture in Malaysia. In Malaysia, the wife, while being married to the husband was on a yearly visa under sponsorship of the husband, with a view to permanent residence after five years.

The husband commenced his private practice as an ENT specialist at Tung Shin Hospital, later moved to Gleneagles Intan Medical Centre and currently runs his practice there.

Two companies were set up during the marriage:

(i) Swiss Atlantic Sdn Bhd A company set up as vehicle to receive the fees charged by the husband in his private practice. The husband is the majority shareholder holding 90% and his mother and sister hold 5