JUDGMENT

Abdul Malik Ishak J:

[1] This case is yet another example of how a battered housewife goes through life in a nightmare; the nightmare of being brutally assaulted by her own husband. Marriages are said to be made in heaven, with lots of love and affection and, in the context of this case, it culminated into violence.

[2] The petitioner here was married to the respondent on 4 October 1963 according to Chinese customary rites (see encl 9, exh "CAM 1" depicting the marriage photograph and the "marriage certificate" in Chinese character not translated for the benefit of the Court and would certainly go against the decision of Syarikat Telekom Malaysia Bhd v. Business Chinese Directory Sdn Bhd, [1994] 2 CLJ 729). Be that as it may, the marriage must have been a happy one because the petitioner bore seven children, four boys and three girls whose ages ranged from sixteen to thirty years of age at the time of filing the affidavit in encl 9. Things got out of hand. The respondent behaved unreasonably to such an extent that the petitioner could not stand the sight of him. They decided to live separately at two separate residences for eight (8) solid years. The petitioner stayed at house NO 26, Lorong Cengal, Taman Kuso, 81900 Kota Tinggi, Johor while the respondent stayed at house NO 19, Jalan Cengal, Taman Kuso, 81900 Kota Tinggi, Johor. In fact, they both stayed in the same housing estate but in separate houses. Despite the separation, the petitioner continued to be abused by the respondent.

[3] The petitioner deposed in her affidavit in encl 9 that sometime in 1991, the respondent repeatedly hit her head with a wooden stool and as a result of which she sustained a deep wound on her head which necessitated hospitalisation at Kota Tinggi General Hospital. The doctors there had to stitch her injuries.

[4] On 19 August 1992 at about 10.40 pm at a taxi stand, the respondent attacked the petitioner with a "double lion" knife measuring 13 inches in length and 4 inches in width causing injuries to the scalp, face and right eye of the petitioner. These injuries could have been fatal. For the petitioner, this must be an instance of extreme violence of a horrifying nature. The timely arrival of Corporal 98711 Mohamad Yusof must have averted possible death. That Corporal witnessed the brutal attack and lodged a police report to that effect, vide Kota Tinggi police report number 2339/93. Dr Norlia Abdullah, the medical officer of Kota Tinggi General Hospital examined the petitioner and in her report she listed the following grievous injuries sustained by the petitioner:

Scalp - 2 deep wounds at right pariental region 6 c.m and at left pariental region 6 cm

Face - 12 cm deep wounds across right eye, root of nose and lateral part right zygomatic area.

Right eye - corneal laceration, pupil not constricting to light.

Superficial wound 6 cm lateral part right upper arm.

X-ray - compound fracture vertex and nasal bone.

Diagnosis: Compound fracture vertex and nasal bone with traumatic injury in the right eye.

[5] The police investigated the report lodged by Corporal Yusof and in her further affidavit at encl 14 the petitioner deposed that the respondent was charged in the Sessions Court, Kota Tinggi and convicted for an offence under s 326 of the Penal Code and was sentenced to 4 1/2 years' imprisonment with effect from the date of arrest (19 August 1992). Clearly that criminal prosecution must be related to the brutal attack on the petitioner at the taxi stand. Currently, the respondent is serving his term of imprisonment at the Simpang Rengam prison and he is expected to be released on 19 August 1995.

[6] The petitioner further deposed in her affidavit in encl 9 that as a result of the several injuries sustained by her as enumerated in Dr Norlia Abdullah's medical report, she suffered tremendous pain and suffering compounded by disabilities and residuals in the form of permanent scars and deterioration of her vision in her right eye. She feared for her s