Faiza Tamby Chik J:

[1] The application before me today is the respondent wife's ('the wife') application for interim maintenance. The particular facts of this case and the legal position of the parties are peculiar to this case and this application for maintenance must be viewed against those facts. Here, the petitioner husband ('the husband') had de facto custody, care and control of the two children of the marriage since 6 August 2000 and interim guardianship, custody, care and control of the two children since the order dated 18 August 2000 (which order was subsequently extended on 30 August 2000 and 13 September 2000 with the wife's consent). The children had remained in the custody, care and control of the husband, living with the husband in his parent's home for three years, with access to the wife. This was the status quo until 15 April 2003 when the children were not returned to the husband after the wife's access. Thereafter the wife has retained the children. On 14 October 2003, a final order was made by the court granting guardianship, custody, care and control of the two children to the husband. The wife has filed an appeal and obtained a stay pending appeal. Th