JUDGMENT

Vazeer Alam Mydin Meera JC:

(1) The petitioner and the respondent had known each other since their days together at medical college in Indonesia and later in Malacca. The petitioner and respondent are both qualified medical doctors. They were lawfully married on 5 December 2004 at an engagement cum marriage registration ceremony held at No. 39, Jalan Sg Emas 5, Batu Feringghi, Pulau Pinang.

(2) After their marriage, the petitioner and respondent worked at the Penang Hospital as Medical Officers and were residing at the Penang Hospital Quarters. At the relevant time the petitioner was earning RM3,147.31 a month while the respondent was earning RM3,457.17 a month.

(3) The petitioner filed the divorce petition herein on 13 April 2007, alleging that sometime in February 2005 the respondent and the co-respondent, who was nurse at the Penang Hospital, were having an extra marital affair which had resulted in the respondent neglecting the petitioner and refusing to have any marital relations or staying under the same roof. The petitioner then instituted proceedings via Penang High Court Civil Suit No. 22-641-2005 against the co-respondent inter alia for orders to restrain the co-respondent from interfering in her marriage as well as for damages, interest and cost. The petitioner had also lodged complaints with the Pengarah Hospital Pulau Pinang against the co-respondent. This allegation of infidelity is vehemently denied by the respondent.

(4) Sometime since August 2005, the petitioner and respondent had separated. In November 2005 the respondent was transferred to Hospital Besar Klang, Selangor. The petitioner remained in Penang until November 2006 when she was transferred to Hospital Ampang, Selangor. The marriage had lasted some eight months.

(5) Sometime in 2006, the petitioner had filed for interim maintenance vide Penang High Court Originating Summons No. 24-944-2006 and the High Court had on 27 November 2006 ordered that the respondent pay the petitioner RM500 a month as interim maintenance beginning 1 January 2006.

(6) The respondent and co-respondent had filed their respective replies to the petition denying the specific allegations contained therein. On 27 March 2009, the parties entered into a consent order and the following terms were recorded:

a. that the petitioner withdraws her allegation against the co-respondent and accordingly the claim against the co-respondent was struck off without cost;

b. that the petitioner shall discontinue the Penang High Court Civil Suit No. 22-641-2005 against the co-respondent;

c. in respect of the petitioners claim as contained in para. 17 of the petition, the petitioner withdrew her claim as in prayer (d) for punitive, aggravated and exemplary damages in the sum of RM1.5 million against the respondent; and prayer (e) for damages against the co-respondent; and prayer (g) for interest;

d. in respect of prayer (a) of para. 17 of the petition, by consent of the parties the court granted divorce to the petitioner and the respondent and a decree nisi to be made absolute in three months was pronounced and recorded on the same day;

f. the petitioner and respondent had agreed that the only remaining issues to be determined at trial were:

i. the petitioners claim as in prayer (b) of para. 17 of the petition for the respondent to pay monthly maintenance of the sum of RM7,500 from 1 September 2005;

ii. the petitioners claim as in prayer (c) of para. 17 of the petition ordering the respondent to return the petitioners belongings and medical books worth RM12,000; and

iii. the petitioners claim as in prayer (f) of para. 17 of the petition that the respondent pay the petitioner the sum of RM87,900 being the wedding expenses incurred by the petitioner.

(7) The following witnesses gave evidence at trial:

a. the petitioner (SP1);

b. the petitioners father P.B. Rajedran (SP2); and

c. the respondent (SR1).

Maintenance

(8) There is an undeniable economic dimension to marriage.