Wan Yahya J

This is an application by a mother to regain custody of her 20-month old infant from her father. Shanta Kumari, the applicant herein, was married to the respondent, Vijayan, on September 1, 1982. She was 23 years old and was an employee of the Kua Denko, Melaka. He was a year younger and unemployed. The union came about through an arranged marriage.

After the marriage, the couple lived with the husband's parents until early 1984. On January 1, 1984 when she was 7 months pregnant, applicant left her parents in-law house to return to her own parent's house. According to her, during the period of her pregnancy, her in-laws were not only unconcerned about her health but were also totally unkind to her. Applicant's mother, on the other hand, took a more restrained view in the witness stand by saying that she took her daughter back to care for her during the difficult phase of pregnancy and this, according to her, is the normal practice amongst the Malayalam people. Anyway, a family friend of both families who accompanied applicant's mother to the respondent's house, testified that the incident was a stormy one during which the respondent's mother hurled abusive words (which