JUDGMENT

Zulkefli Makinudin JCA:

Introduction

[1] This is an appeal by the plaintiff against the decision of the High Court at Kuala Lumpur which allowed only a part of the plaintiff's claim for maintenance, matrimonial assets and custody. The learned judge of the High Court only allowed joint custody of the children to both the plaintiff ("the wife") and the defendant ("the husband") with actual care and control to the defendant, and that the matrimonial home would be held by both the plaintiff and the defendant on trust for their children. The plaintiff's other claims including maintenance were dismissed. At the outset of the hearing before us learned counsel for the plaintiff indicated that due to change of circumstances in the last few years pending hearing of the appeal, the plaintiff wished to abandon the other claims in the appeal and is now proceeding only with her claim for maintenance.

Background Facts Of The Case

[2] The relevant background facts of the case are as follows:

[3] The plaintiff and the defendant were married on 22 February 1983 and they have three children, two daughters and a son, aged between thirteen and eighteen years old. The plaintiff was from Taiwan