JUDGMENT

Julie Lack J:

Introduction

[1] This was an application in Enclosure 1 by the Plaintiff for maintenance for herself and the Children of the marriage in the monthly amount of RM38,984.20 to be calculated from November 2019 plus interest at 5% on the amount claimed.

[2] The Court after reviewing the cause papers, written submissions and hearing from learned counsel for the parties, allowed the application but reduced the monthly maintenance sum to RM20,000.00.

[3] Both the Plaintiff and the Defendant are aggrieved with that decision and have filed their respective appeals to the Court of Appeal.

[4] The following are my grounds of judgment.

Background Facts

[5] The parties were legally married in 2000. They have no children of their own. In 2001 they adopted a baby girl and she is now 24 years old. In 2007 they adopted another child, a boy who is now 17 years old.

[6] According to the Plaintiff she had dedicated her married life to being the wife of the Defendant and mother to the children. She stated she had sacrificed her career as a singer at the behest of the Defendant. She was primarily responsible for the upbringing of the children and took care of all the household matters so that the Defendant could concentrate on his job and the business.

[7] The Plaintiff claimed that the Defendant lavished them with money and presents and spared no expense in taking the family for holidays abroad, shopping for branded and expensive jewellery and clothes and having meals in five star restaurants. He bought expensive cars and homes for her. On top of that the Defendant was generous in giving the Plaintiff large sums of cash for her own personal spending and a credit card with no restrictions.

[8] Sometime in the year 2015, the relationship between the parties began unraveling due to the Defendant's alleged adulterous relationship with another woman with whom he fathered 5 children. Finally, this led to the Defendant leaving the matrimonial home for good in November 2019.

[9] Where she once used to receive gifts and money generously from the Defendant, all this ceased after the Plaintiff discovered his infidelity. He no longer provided financial support consistently to the family. At her urging the Defendant agreed to provide her with a monthly sum of RM20,000.00 to cover all household expenses which he credited into her account. There is documentary evidence to show that the Defendant banked in RM20,000.00 into her account monthly from February 2018 to September 2019. However, since his departure from the matrimonial home the Defendant has completely ceased making these payments towards the maintenance of the Plaintiff and the Children. As a result, the Plaintiff had to rely on her savings and loans from family members and friends to sustain herself and cover all related expenses.

[10] On 19 May 2020 the Plaintiff filed a Divorce Petition at the Kuala Lumpur High Court but withdrew it in 2023, only a few days before the full trial was set to commence.

[11] Thereafter the Plaintiff has filed an interim maintenance application against the Defendant at the Kuala Lumpur Sessions Court but this was similarly withdrawn by the Plaintiff on 17 May 2023.

[12] Meanwhile the Defendant commenced divorce proceedings on 14 March 2024 when he filed Divorce Petition registered under BA-33-197¬24 03/2024. Pre-trial directions are in the process of being complied and the Court has fixed 20 August 2025 as the date for trial.

[13] The Plaintiff initially filed this OS at the Shah Alam Sessions Court to compel the Defendant to provide maintenance for her and the Children. That OS was subsequently transferred to this Court by an Order dated 24 August 2023.

Parties Contentions

[14] The Plaintiff is claiming the sum of RM38,984.20 calculated from November 2019 together with arrears thereof.

[15] The details of the breakdown of her claim are outlined in tabulated form below:

(i) RM12.875.36 being maintenance for the children:

(ii) RM7.420.85 being maintenance