JUDGMENT

Vazeer Alam Mydin Meera JC:

(1) The petitioner and the respondent had known each other since their days together at medical college in Indonesia and later in Malacca. The petitioner and respondent are both qualified medical doctors. They were lawfully married on 5 December 2004 at an engagement cum marriage registration ceremony held at No. 39, Jalan Sg Emas 5, Batu Feringghi, Pulau Pinang.

(2) After their marriage, the petitioner and respondent worked at the Penang Hospital as Medical Officers and were residing at the Penang Hospital Quarters. At the relevant time the petitioner was earning RM3,147.31 a month while the respondent was earning RM3,457.17 a month.

(3) The petitioner filed the divorce petition herein on 13 April 2007, alleging that sometime in February 2005 the respondent and the co-respondent, who was nurse at the Penang Hospital, were having an extra marital affair which had resulted in the respondent neglecting the petitioner and refusing to have any marital relations or staying under the same roof. The petitioner then instituted proceedings via Penang High Court Civil Suit No. 22-641-2005 against the co-respondent inter alia for orders to restrain th