THEVITTHRA A/P VISWANATHAN v KANNAN A/L RAJARATNAM PIHAK KETIGA RAJARAJESWARY A/P RAJARATNAM
22 cases cited
(0 SG, 22 foreign)
Catchwords
1. These Grounds of Judgement address two interrelated applications arising from the same matric of facts :- (1) Enclosure 45 – the Plaintiff-wife’s application pursuant to Order 52 rule 4 of the Rules of Court 2012 (“ROC 2012”) seeking to cite the Respondent-husband and one Rajarajeswary a/p Rajaratnam for contempt of court. The alleged contempt concerns their failure to comply with the Order of Court dated 17.5.2024 and related acts said to undermine public confidence in the judiciary. (2) Enclosure 118 – the Plaintiff’s application pursuant to section 53 of the Child Act 2001 for a recovery order compelling the Defendant and the individuals named therein to return the Child to her lawful custody, care and control in accordance with the said Order of Court dated 17.5.2024. 2. Upon hearing submissions from learned counsel for all parties, this Court allowed Enclosure 118, and partially allowed Enclosure 45. 3. Aggrieved with the decision, the parties filed the following appeals to the Court of Appeal.
Judges (1)
Counsel (4)
Statutes Cited
Cases Cited (22)
UK (3)
[1952] 2 All ER 567 [1973] 3 All ER 54 [1979] AC 440
MY (19)
[1977] 1 MLJ 151 [1993] 2 MLJ 217 [1993] 2 MLJ 516 [1994] 2 CLJ 705 [1994] 4 CLJ 177 [2001] 1 CLJ 568 [2001] 4 MLJ 577 [2002] 2 CLJ 198 [2010] 8 CLJ 208 [2012] 3 MLJ 458 [2013] 2 CLJ 110 [2013] 5 CLJ 461 [2015] 10 CLJ 924 [2015] 7 MLJ 153 [2016] 5 CLJ 353 [2017] MLJU 1841 [2021] 3 CLJ 443 [2022] 3 CLJ 106 [2023] 9 MLJ 337
Judgment
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Read on eJudgmentSource: eJudgment (ba-24f-247-08-2023)