XXXX v SIVA PAKKIAM A/P RAMASAMY
14 cases cited
(2 SG, 12 foreign)
Catchwords
Family law - Civil procedure- Committal proceedings - Whether Wife had willfully failed to comply with the terms of Consent Order - Wife's refusal to allow Husband's access to Child - Whether Child’s wishes should be considered in committal application - Whether Child was influenced - Whether Child's wishes overrides welfare of the Child - Law Reform (Marriage and Divorce) Act 1976 sections 88(2) Family law - Civil procedure - Committal proceedings - Whether Wife had willfully failed to comply with the terms of Consent Order - Wife's refusal to allow Husband's access to Child - Whether Husband's application was an abuse of the process of court, bearing in mind that this was the fourth contempt application that he had filed Family law - Civil procedure- Committal proceedings - Whether Wife had willfully failed to comply with the terms of Consent Order - Wife's refusal to allow Husband's access to Child - Whether Wife's refusal justified by Husband's failure to pay child maintenance Family law - Civil procedure- Committal proceedings - Whether custodial sentence justified - Purpose of punishment for contempt of court - Function of the court in imposing punishment - Federal Constitution article 126 - Courts of Judicature Act 1964 section 13
Practice Areas
Judges (1)
Counsel (5)
Parties (1)
Statutes Cited
Courts of Judicature Act 1964 (Cap 91)
Federal Constitution
Art 126
Guardianship of Infants Act 1961
s 5
Rules of Court 2012
Cases Cited (14)
SG (2)
[2015] SGHC 17 [2024] SGCA 1
UK (3)
[1956] 3 All ER 494 [1957] 1 QB 73 [1963] 1 QB 696
MY (9)
[1948] MLJ 17 [1977] 1 MLJ 151 [1977] 1 MLJ 234 [1982] 1 MLJ 189 [2001] 4 MLJ 577 [2011] 3 CLJ 722 [2012] 3 MLJ 1 [2017] MLJU 1841 [2024] 7 CLJ 306
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-33-167-03-2016)