Faiza Tamby Chik J:

The petitioner wife and the respondent husband were married on 30 September 1990. The respondent was 26 years old and the petitioner was 21 years old. The first child and only son, Aaron was born on 21 December 1991. The second child Regina was born on 24 October 1994. And the youngest child Evonne was born on 24 November 1997. The petitioner at all material time even until today is a music teacher attached to Bentley Music Sdn. Bhd. drawing a monthly salary of RM1,800. The petitioner and the respondent since marriage have stayed together with the respondent's parents at No. 126, Jalan Terasek, Bangsar Baru, Kuala Lumpur up to sometime in October 1996, and then at No. 9, Lorong Chenderai, Taman Lucky, 59100 Kuala Lumpur until 15 December 2000 when the petitioner, respondent and children moved out. The land and house known as No. 9, Lorong Chenderai, Taman Lucky, 59100 Kuala Lumpur (hereinafter referred to as "No. 9 ") was purchased exclusively from the savings of the respondent's father. The respondent, petitioner and children were invited to reside with the respondent's parents. Sometime in late 1999 or early 2000 the petitioner and respondent's relationship became strained and the petitioner pestered the respondent to move out of the respondent's parent's home to stay at a place exclusively for the respondent's immediate family. On 29 August 2000 the respondent and the petitioner entered into a sale and purchase agreement to purchase No. 18, Jalan 1/70C, Off Mon't Kiara, 50480 Kuala Lumpur for RM532,000 (Q7 in Respondent's Affidavit of Means affirmed on 16 July 2003) (hereinafter referred to as "the Condo "). It is observed that the respondent solely paid for the entire acquisition, renovation and furnishing of the condo. I am of the view that if the respondent is a selfish person and being fully aware that the marriage prior to the acquisition of this condo had become strained, surely he would not have considered buying the condo in jointname with the petitioner and spending a substantial sum of his own money furnishing it. I think it is the respondent intention of salvaging the marriage that he took the trouble and effort in securing this condo.

The petitioner, the respondent and the children moved into their new home sometime on 15 December 2000. The petitioner and the respondent were quite happy to stay at this new condo with the children. However, such cordial and happy relationship between the petitioner and respondent was shortlived. The respondent was kicked out of his condo sometime in March 2001 (see para. 2(c) of the respondent's affidavit affirmed on 22 May 2000). Subsequent to the respondent's eviction, the petitioner changed the locks to the condo thereby effectively preventing the respondent to have access to his home. The petitioner and respondent's relationship deteriorated after the respondent left the condo and culminated with this divorce petition being filed in this court by the petitioner.

The petitioner has in her divorce petition ( "the petition ") made the following allegations:

(a) in para. 14 of the petition, the petitioner alleged that the respondent had committed adultery on 29 September 1998 at 11.30pm with one woman named "Carol "

(b) in para. 18 of the petition, the petitioner alleged that she had suffered mental cruelty owing to the behaviour of the respondent and his parents;

(c) in para. 19 of the petition, the petitioner alleged that the respondent used to come home late at night drunk;

(d) in para. 20 of the petition, the petitioner alleged:

(i) that the respondent had caused physical violence on her;

(ii) that the respondent threw, attacked and kicked the petitioner who subsequently suffered grave pain;

(iii) that the petitioner and children suffered shock and had emotional and mental pressure;

(iv) as a result of allegations (i), (ii) and (iii) the petitioner and children left No. 9, Lorong Chenderai, Taman Lucky, 59100 Kuala Lumpur (at para. 23 of the petit