JUDGMENT

Abdul Rahim Abdul Jalil:

[1] The parties, [AQ] ('husband') and [AR] ('wife'), were married on 29 May 2003. They have three children, all males, who were born on [dates redacted] respectively. Their marriage did not run a smooth course. According to the wife, throughout the marriage, the husband gave insufficient and irregular maintenance for her and for the household expenses. She added that the husband was a violent and abusive person and attacked her physically. On the other hand, the husband alleged that the wife had failed to discharge her responsibilities as a wife and mother. He said that the wife refused to cook, was hardly at home, spent hours surfing the internet each day and disregarded the children. He also alleged that the wife had been incited by her own family members to abandon the marriage. In April 2010, the wife left home and did not return. In January 2011, the wife applied, by way of Originating Summons No 39538, for a divorce from the husband. The application was heard by the President of the Syariah Court and on 16 January 2012, he decreed, as follows:

1. The marriage registered on the 29th day of May 2003 be dissolved by the [husband's] pronouncement of talak on the 16th day of January 2012 as follows:

The [husband] pronounces: ' Say a setuju serahkan talak saya kepada isteri saya untuk menceraikan dirinya talak [Translation: 'I hereby authorise my wife to divorce herself by one talak.']

The [wife] pronounces: 'Saya terima penyerahan dari pihak suami saya tentang talak. Sekarang saya ceraikan dirt saya dengan talak satu dari suami saya.'

[Translation: 'I accept the authorisation given by my husband to divorce myself. I hereby divorce myself from my husband with one talak.']

2. The Court confirms the pronouncement of divorce and decrees a divorce by talak (1st lalak), and orders that the divorce be registered.

3. The [wife] shall pay the divorce registration fee.

And it is hereby ordered that:

4(a). The [husband] and the [wife] shall have joint custody of the children:

i. [L] born on [date redacted]

ii. [M] born on [date redacted]

iii. [N] born on [date redacted]

(b). The [wife] shall have care and control of the children with reasonable access granted to the [husband] as follows:

i. Alternate weekends from Saturday 11.00am to Sunday 5.00pm;

ii. Half of the school holidays; and

iii. Alternate Hari Raya Puasa and Han Raya Haji.

(c). The [husband], when exercising access during the school holidays, shall inform the [wife] at least 3 weeks in advance before bringing the children out of jurisdicuon. In the event the [husband] wishes to bring the children to Malaysia, the [husband] may inform the [wife] at least 1 week in advance.

(d). The [husband] shall provide the [wife] all necessary travel information including mode of travel accommodation and itinerary.

(e). Upon receipt of all necessary travel information, the [wife] shall provide the children's passport(s) to the [husband].

5. The [husband] shall pay the [wife] nafkah iddah in the sum of $1,500.00.

6. The [husband] shall pay the [wife] mutaah in the sum of $12,500.00.

7. Payment of nafkah iddah and mutaah shall be deducted from the [husband's] share of the net proceeds from the sale of the matrimonial flat.

8(a). The matrimonial flat at and knowm as [address redacted] shall be sold in the open market and the compleuon of sale shall take place widiin six months from the date of this order. The sale proceeds shall be apportioned as follows:

i. To make full payment of the outstanding loan with HDB.

ii. To refund with accrued interest, the [husband's] CPF monies used towards the purchase of the flat.

iii. To pay all expenses arising from the sale, including the payment of agent's commission and other costs and expenses of the sale.

iv. The net proceeds, less - (i), (ii) and (iii) - shall be divided equally between the [wife] and the [husband].

9(a). The [husband] shall sign, execute and indorse his name on all necessary documents to effect the sale of the matrimonial flat.

(b)