Mahadev Shankar JCA:

[1] This is an appeal from the decision of the judge in the High Court at Ipoh on 3 May 1997 whereby he granted custody of two infant children to the respondent, their mother (K) with access to the appellant, their father (B).

[2] From any point of view, factual, legal, or human, this is a difficult case with very serious implications, not only for the parties but also those who will be affected by the judicial precedent this decision will set. The problem will therefore have to be approached with some caution.

[3] B was born in Jaffna, Sri Lanka in June 1959. At some point in time thereafter his family left that country. His parents eventually ended in Suhr, Switzerland. B and his sisters ended up in Toronto in Canada where B was conferred Canadian citizenship.

[4] K was born in August 1962 in India. Her birth was registered with the Malaysian High Commission. She subsequently came to Malaysia where she initially resided with her parents.

[5] On 7 July 1989 K entered Canada on a Malaysian passport. On 11 August 1989 B and K took out a Marriage Licence pursuant to which they were married in a civil ceremony in Canada on 18 October 1989. K was then 27 years o