The court determines that insufficient grounds were presented for an injunction related to property during divorce, reaffirming obligations around maintenance under statutory provisions.

[1] The matter was fixed for hearing on 26 April 2018 of the Respondent's Summons In Chambers dated 5 September 2017 (Encl 12) filed herein for, amongst other things, an order of injunction under ss 102(1)(a)(i) and 102(1)(a)(ii) of the Law Reform (Marriage and Divorce) Act and/or O 29 of the Rules of , 2012 to restrain the Petitioner from dealing with the following assets until the disposal of the related actions between the parties under Penang High Court Civil Suit No 22NCVC-109-07/2015 and Penang High Court Civil Suit No PA-22NCVC-93-05/2017. The 2 suits are pertaining to the same properties which have now become the subject of this divorce proceeding:

a) half (V2) undivided share in the property held under Geran No 58276, Lot No 44, Mukim 14, Daerah Timur Laut, Penang (hereinafter referred to as "Lot 44");

b) half (!4) undivided share in the property held under Geran Mukim No 281, Lot No 458, Mukim 14, Daerah Timur Laut, Penang (hereinafter referred to as "Lot 458");

c) property known as Hakmilik Strata No Berdaftar Geran 61829/M2/15/76, No Petak No 76, Tingkat No 15, Bangunan No M2, Petak-petak Aksesori No A151 & A162, Lot No 4082, Bandar Tanjong Bungah, Daerah Timur Laut, Negeri Pulau Pinang (hereinafter referred to as "the Diamond Villa Property").

[2] The affidavits filed by the parties pertaining to Encl 12 are as follows:

i) Affidavit in support of Tan Bak Lee affirmed on 25 August 2017;

ii) Affidavit of Chen Siew Lee affirmed on 30 October 2017;

iii) Affidavit of Tan Bak Lee affirmed on 27 November 2017;

iv) Affidavit of Chen Siew Lee affirmed on 9 February 2018.

[3] This Court on the said date, after perusing the written submissions filed by both counsels and evaluating the oral clarifications made, decided to dismiss the application. In pursuant of the appeal lodged by the respondent, this Grounds of Judgment has been prepared to provide an elaboration of the decision arrived at by this Court.

Background Facts

[4] On 14 December 1978, the Petitioner was lawfully married to Tan Bak Lee, the abovenamed Respondent (hereinafter referred to as "the Respondent"), at Pejabat Pendaftaran Perkahwinan Awam, Daerah Timur Laut, Pulau Pinang.

[5] There are two children of the marriage now living namely:

(i) Tan Ching Lin (NRIC No 810125-07-5159), male, born on 25 January 1981, aged 37 years old; and

(ii) Tan Ching Yu (NRIC No 900924-07-5111), male, born on 24 September 1990, aged 27 years old;

(hereinafter referred to collectively as "the Children").

[6] The said marriage has broken down irretrievably as the Respondent has allegedly behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent and on grounds as set out in the Divorce Petition filed herein.

[7] Pursuant to the Order of the High Court given on 17 May 2012 under Penang High Court Originating Summons No 24-1979-10/2011, the Respondent was ordered to pay to the Petitioner, amongst others, a sum of RM15,000-00 per month as maintenance to be calculated from May 2010 which payment shall be due by or before the seventh of every month until further order (para (i) of the said Order). A copy of the said Order dated 17 May 2012 has been annexed to the Affidavit of Chen Siew Lee affirmed on 30 October 2017 as exhibit marked "CSL-6.

[8] It is not disputed that to-date, the Respondent has not paid the said maintenance to the Petitioner save for the mortgage payments in respect of the Diamond Villa Property.

[9] As at April 2017, the Respondent is indebted t