GROUNDS OF JUDGMENT

This is an appeal by the Petitioner Wife against my decision made in Chambers on 26.1.2011 regarding enclosure 7.

Enclosure 7

Enclosure 7 is an application filed by way of a Summons In Chambers by the Petitioner Wife for the following Interim Orders:

(a) The Petitioner Wife be granted legal guardianship, and custody, care and control (cumulatively to be referred to as "custody") of the 3 children, namely Wong Min Yue (7 years old), Wong Xing Ying (5 years old), and Wong Ming Wei (2 years old) ("the 3 children").

(b) The Respondent Husband to pay the Petitioner Wife RM7,000 a month as interim maintenance for the Petitioner Wife and the 3 children.

(c) The Respondent Husband pays the Petitioner Wife a lump sum maintenance of RM84,000.

(d) The Respondent Husband be ordered and/or restrained from forcing himself and/or committing other acts of disturbance against the Petitioner Wife and/or the 3 Children.

(da) The Petitioner be allowed to live in the matrimonial house at Block J-13-18, Perdana Puri Apartment, Jalan Puri, Desa Aman Puri, Kepong together with the 3 children without any disturbance by the Respondent Husband and/or his agents or relatives.

(e) The Respondent be ordered to give to the Solicitors of the Petitioner Wife within 7 days from this Order the following matters:-

(i) Information regarding all properties owned by the Respondent Husband and/or his agents and/or his nominees from the date of marriage ie, 22.11.2002 until now.

(ii) Full and true notification regarding all bank accounts which are held by him together with the relevant statements of accounts.

(iii) EPF statements to show the total amount of money in the EPF and the record of the latest nomination in the Respondent Husbands EPF account.

(iv) Form J/B/BE or other forms for Assessment of Income from the year 2002 until 2010.

(v) Full and true notification regarding all shares which are held by the Respondent Husband and/or his agents and/or his nominees in any company showing the total shares held by him and their current value.

(f) Costs of this application be borne and paid by the Respondent Husband.

(g) Any other Order and/or relief which is deemed proper and necessary by this Honourable Court.

Decision on enclosure 7

I heard enclosure 7 inter partes on 26.1.2011 after which I gave the following Orders:

Prayer (a) : allowed ie, custody, care and control of the 3 children, but not legal guardianship, is granted to the Petitioner Wife.

: reasonable access to the 3 children granted as prayed for by the Respondent Husband according to the terms as spelt out in paragraphs 6(i) to (v) of the Respondents written Submissions dated 26.1.2011.

Prayer (b) : interim maintenance of RM2,000 per month for the 3 children and Petitioner Wife and such sum to be credited by the Respondent Husband into the bank account of the Petitioner wife on or before the 7th day of each month.

Prayer (c) : not allowed.

Prayer (d) : not allowed.

Prayer (da) : allowed.

Prayer (e) : allowed, but the time for filing the information required is 1 month from the date of the Order, and not 7 days as in the prayer. This requirement in prayer (e) also applies to the Petitioner Wife. She is required to furnish the necessary information to the Respondent Husband within 1 month from the date of receipt of the information from him.

Prayer (f) : costs to be borne by respective parties.

Appeal

The Petitioner Wife is now appealing against my decision regarding:

Prayer (b)

Prayer (c)

Prayer (d)

Prayer (a) : only regarding the reasonable access given to the Respondent Husband to the 3 children.

Reasons for my decision

Prayers (b) and (c) : interim maintenance

The Petitioner Wife is claiming a maintenance of RM7,000 per month for the 3 children and herself.

During the pendency of any matrimonial proceedings, the Court has the power to grant maintenance for a mans children and his wife. This is provided in s. 93 and s. 77 respectively of the Law