JUDGMENT

Julie Lack J:

Introduction

[1] This was an application by the petitioner Wife (PW) in Encl 96 pursuant to s 103 of the Law Reform (Marriage & Divorce) Act 1976 and/or the inherent powers of this court to restrain the respondent Husband (RH) from entering into the matrimonial home to molest, harass or threaten the PW until the final disposal of the petition for divorce.

Brief Background

[2] The PW and RH were legally married on 31 March 2001 and have 2 Children, both daughters. The eldest child (22 years old) is currently studying in Australia and the younger child (19 years old) lives with the PW and studies in a local college.

[3] After their marriage the parties lived for a while together in Singapore where the RH works as a pilot with Singapore Airlines. In the year 2003 the PW resigned from her job as an air stewardess and returned to Malaysia to become a full time home maker.

[4] In 2006 the PW and the children moved to the matrimonial home at Bandar Sunway, Petaling Jaya, Selangor while the RH continued to be based in Singapore due to his nature of work. On his off days he will come back to Malaysia and be with the family.

[5] The matrimonial home was bought in their joint names in 2002.

[6] In July 2022 the PW filed a petition for divorce, amended in August 2022, on the ground that the marriage had irretrievably broken down due to the conduct of the RH which rendered it intolerable for the parties to live together. The RH responded with the filing of a Reply and Cross Petition on 22 September 2022 citing adultery on the part of the PW with the Party Cited as being the true ground for the breakdown of the marriage.

[7] On 2 May 2024 the PW obtained an interim order for inter alia sole custody care and control of the younger child, maintenance for herself and the Children, the RH to bear all the expenses for the Children's education and for him to continue paying for the monthly housing loan installments and upkeep of the house.

[8] This court did not allow her application to order the RH to move out from the matrimonial home immediately.

[9] One month later, in June 2024 the PW filed this application pursuant to s 103 LRA 1976.

Reasons For The Application

[10] The PW alleged that the RH used to spend most of his days in Singapore and would only come back to visit the family on his off days, which is a few days in each month.

[11] However ever since the PW filed this Divorce Proceedings, the RH has made his return trips more often. She claims that he is doing so in order to embark on a mission to drive the PW out of the matrimonial home because of the Divorce Petition that she filed.

[12] The PW avers that in pursuit of his plans the RH terminated all financial support to the PW. He cancelled the supplementary credit card provided to her for the household expenses and refused to pay the insurance premiums for her.

[13] Each time he returned to the matrimonial home he exhibited abusive actions such as intimidating the PW with his aggressive behavior and veiled threats. He targeted her family members. He chased away the PW's 80 years old mother who lived with them since the children were born and refused to allow her family members to visit and stay at the matrimonial home. He even stole her jewellery.

[14] He harassed, threatened, intimidated her and tortured her and she has narrated the events and proof of the incidents in her Affidavit in Support in Encl 97. Some of the acts that he carried out are described below:

Paragraph 8:

On 18 August 2022, the respondent loosened the wire of the Proton Inspira WXB 4987, resulting in the car not being able to start. The car was used by the petitioner since 2012 to ferry the children to and from school and for her personal use. The respondent threatened the petitioner, in front of the petitioner's mother and their children, that if the petitioner does not agree to his terms for the Divorce she would not be able to use the car.

Paragraph 9:

On 1 December 2022 at about 12.30am, the respondent knoc