The order was served on my wife (now ex-wife) on 16 July 2009. As required by law, a copy of my application had to be surrendered to her too. My application exhibited all the key evidences of her extra marital affair. It was at that point that my ex-wife realised that I knew of the extra marital affair and I had gathered considerable amount of evidence to prove it.
In any normal circumstances, one would have given up, admitted to their mistake(s) and not waste time and money to fight a losing battle.
To my surprise, she decided to fight. I simply could not understand why.
About a week after the order was served on her, she tried to file in the "kes induk" or the main custody case. This was her first attempt to fight back and to nullify my interim custody order. An ex-parte order cannot stand on its own. It must have an underlying "kes induk" or main case. At the time I filed for the interim custody, I haven't filed in the main case. Pursuant to Arahan Amalan No 11 Tahun 2003, I had 14 days to do so. I was later informed by my syariah legal counsel that my ex-wife tried to file the "kes induk" two days after I filed the same. Her application was rejected.
Having failed to nullify the interim custody order on technical grounds, she subsequently filed in an application to set aside the same on 28 July 2009.
About a week after that, I spoke to her. I tried to reason with her and to understand the basis of her wanting to engage in what could be (and have proven to be) and a long, protracted and expensive legal battle. In response, she mentioned to me that she had no choice but to fight in order to
- show to the children that she had (purportedly) never abandoned them; and
- prove to family, friends and business partners that she (allegedly) never had an extra marital affair.
With strong financial backing of her boyfriend (who is also desperate to conceal the affair - probably due to the ongoing Daphne Iking case at the time), and a lawyer who apparently prefess to be a fighter of women's rights, I was in for a protracted and unnecessary legal battle.
Looking back, it is for this reason that she is now (at the time of writing) in a complete mess and desperate. I would hold her lawyer personally responsible for all the blunders (post Ex-Parte Interim Custody Order) and trouble that my ex-wife is in today. Was she using my ex-wife a "guinea pig"? Or was she merely creaming my ex-wife's boyfriend? Or was she too personally and emotionally involved such that her judgement had been severely impaired?
Allah knows best and may Allah make it easy for me, my children and my family. Ameen!
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