Chong Siew Fai J: The husband (petitioner) petitions for:

(1) dissolution of the marriage between him and his wife (respondent); (2) care custody and control of the 2 children of the marriage, Anna Sulan Masing and Rachel Lian Masing, be given to the wife with reasonable access to himself; (3) a sum of NZ$1,000 per month be paid to the wife being maintenance for herself and the said 2 children "until the said children reach the age of twenty-one or complete their educational training whichever is the earlier."

In her Answer, the wife also claims for reliefs 1 and 2 above i.e. dissolution of the marriage and custody of the 2 children. As for maintenance, she asks for NZ$1,200 per month (i.e. NZ$200 more) with liberty to vary and for the sum to be provided until the 2 children reach the age of 21 or they complete their educational training whichever is the later.

She further asks:

(a) that the husband provides a lump sum investment of NZ$30,000 to be held in trust for the said 2 children's tertiary education and also to provide "adequate" medical insurance cover for the 2 children and herself; (b) further or alternatively, that the husband pays her a lump sum settlement of NZ$160,000; (c) further or alternatively, that she be given at least 1 / of the husband's assets acquired during the 2 marriage; (d) that she be at liberty to apply for such other reliefs as circumstances may require.

In the course of this trial, both parties agreed to the divorce, the custody and the maintenance of the children. Accordingly, the following order was made:

(1) decree nisi granted; (2) the care custody and control of the 2 children given to the wife with reasonable access to the husband including the bringing of the 2 children to Sarawak once a year by and at the sole expense of the husband for a period not exceeding 3 weeks during the school holidays of the school or schools in New Zealand in which the 2 children are or will be studying; (3) the husband do pay the wife by telegraphic transfer a sum of NZ$1,200 per month commencing from 1 June 1992 being maintenance to be apportioned as follows: (i) NZ$100 to the wife until she remarries; and (ii) NZ$550 to each of the said 2 children until she attains the age of 21 years;

payable on or before the last working day of each month, the first payment to be made on or before 30 June 1992.

There be liberty to apply.

There remains for consideration reliefs (a), (b), (c) and (d) stated above.

Relationship of the parties

The parties got to know each other in Wellington, New Zealand in 1974 when the husband was doing his B.A. degree in education and the wife was then a student nurse.

In 1975 the husband obtained his B.A. degree and returned to Kapit to teach for one year during which the wife visited Kapit for about 1 month at the end of 1976.

Subsequently the husband obtained Australian scholarships to do a Masters degree and later Ph.D. in anthropology in Canberra. While in Australia, he flew to Wellington to get engaged with the wife in July or August 1977 and subsequently again flew there to get married on 10 December 1977. It was not disputed that on both occasions the wife paid for the husband's air fares to and from Wellington, and that she also paid for the air fare of the husband's brother Kuching/ Wellington/Kuching for their wedding.

After the marriage, the parties lived in Canberra: the husband continued his studies while the wife worked part-time as a nurse. The wife said she considered herself leaving home and brought her savings with her. They lived in Canberra from December 1977 to May 1978.

After obtaining the Masters degree, the parties returned to Sarawak about the middle of 1978 where the husband did field work for one year in Kapit for his Ph.D. They stayed in the husband's longhouse at Nangka Majau which was about 3 hours' journey by long boat from Kapit town.

After the one-year field work, the parties went again to Canberra where the husband continued with his