Mohd. Ghazali bin Mohd. Yusoff J:

Both these applications (encls. 3 and 5) which were made under the Law Reform (Marriage and Divorce) Act, 1976 (hereafter referred to as "the said Act) were heard together at the request of both parties.

The parties were married on 23 May 1953 and divorced on 4 August 1988. On 10 November 1986, that is, prior to the decree nisi being made absolute, the Court, by consent, ordered inter alia, the following:

(a) that the respondent do pay to the petitioner monthly maintenance of RM500 commencing 1 August 1986, and

(b) that the respondent do transfer to the petitioner all his 253/1038 undivided share in the property comprised in Geran No. 13645 Lot No. 2552, Bandar Maharani, Johor.

In 1994, the petitioner obtained leave to issue a judgment summons (encl. 3) against the respondent for having defaulted in his payments for maintenance and consequently the respondent filed an application (encl. 5) for an order to rescind the said maintenance order. In accordance with the Divorce and Matrimonial Proceedings Rules 1980 (hereafter referred to as "the said Rules") the respondent was examined on oath as to his means. The respondent explained that