JUDGMENT

Amelati Parnell J:

[1] This is an application filed by the Wife Respondent in the original action. The Applicant sought to vary the decree nisi absolute dated 18th December 2023 as follows:

a. That pursuant to ss 83, 88 and 96 of the Law Reform (Marriage and Divorce) Act 1976, the decree nisi absolute be varied;

b. That the Respondent shall pay a minimum sum of RM2,000.00 every month for the maintenance of the said child until the said child reaches the age of years old or completed her tertiary education whichever is later on or before 7th day of every month from the date of the Decree Nisi Absolute i.e., from 12th September 2023 and the said amount to be banked into the CIMB Account No. 7055239845 and the Applicant reserves her right to apply for variation where circumstances change;

c. That the Respondent shall pay no maintenance to the Applicant with liberty to apply for variation in the event of change of circumstances justifying the application for such maintenance;

d. That the 50% of the Respondent's Employees Provident Fund (EPF) saving until the date of the decree nisi absolute to be given to the said child. The Respondent shall not be restricted to contribute share or divide any further saving in his EPF account after the date of the Decree Nisi Absolute;

e. That the matrimonial property of a double storey intermediate house known as Lot 28 Hilltop Villa, Jalan Nyigu, 97000 Bintulu, Sarawak is to be shared equally between the Applicant;

f. Costs of this application for variation shall be borne by the Respondent; and

g. Any further relief that the Honourable court deems fit and just.

Background Facts

[2] The Husband Respondent filed Divorce Petition dated 7 March 2023 under encl 1 and obtained an order on the 12 September 2023.

[3] Subsequently, the Husband Respondent file Notice Application for Decree Nisi to be made Absolute on 15 December 2023 under encl 31.

[4] The Certificate of Making Decree Nisi Absolute was filed on the 18 December 2023 under encl 32.

[5] The Applicant file Notice of Application under encl 35 dated 23 September 2024 for ancillary relief.

Parties Contention

Applicant's Contention

[6] The Applicant, Meddlin Anak Junit ("RW"), in her Notice of Application dated 23 September 2024 [Encl 35], seeks variation of the Decree Nisi of 12 September 2023 [Encl 29], which was made absolute on 13 December 2023. The application is being made under s 96 of the Law Reform (Marriage and Divorce) Act 1976 (LRA) to deal with the matters not dealt with in the earlier divorce proceedings, namely the child's custody and maintenance and division of matrimonial properties.

[7] The Applicant and the Respondent, Lenard Kubong Anak Eddy ("PH"), were married on 16 November 2018 in Lawas, Sarawak. The couple had one child, Eldora Brielle Anak Lenard Kubong, born on 12 May 2020. The two parties purchased a house at Hilltop Villa, Bintulu, held by both parties jointly. The Applicant was then engaged as a purchase assistant but resigned from work at the child's birth on the prompting of the Respondent, to care for the child and manage the home.

[8] The Applicant states that she resigned after the child was born and in early 2021, she returned to Lawas with the child because of severe matrimonial issues. The Applicant also refutes deserting the marriage and claims that her departure was out of necessity for her and the child's well-being. In the Applicant's submission, the Respondent was aware of where she was and continued to have contact with her and provided some financial support to the child. The Applicant claims that she was not adequately notified or served with the divorce proceedings, which were all held in her absence, so that the Decree Nisi was granted without any order for custody, maintenance, or division of property.

[9] With regard to custody, the Applicant puts forward the contention that the child's welfare should be the primary and paramount consideration under s 88(2) of the LRA. The Applicant has single-handedly taken