ANNIE VIJAYA KANDIAH PETER vs PRABAKARAN KRISHNAN

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

HIGH COURT MALAYA IPOH
ANNIE VIJAYA KANDIAH PETER – Appellant
Versus
PRABAKARAN KRISHNAN – Respondent

Petitioner Advocates:Murali Puranachandran ,Respondent Advocate: Robin Lim Fang Say

Table of Content
1. commencement of committal proceedings (Para 1 , 2 , 3 , 4 , 5)
2. respondent's breach of custody order (Para 7 , 8 , 9 , 10 , 11 , 12)
3. non-compliance with financial obligations (Para 13 , 14 , 15 , 16 , 18)
4. criteria for stay of committal proceedings (Para 19 , 20 , 21 , 22 , 23)
5. dismissal of stay application and enforcement of orders (Para 24 , 25 , 26)

Abdul Wahab Mohamed J:

Introduction

[1] This case arises from an application by the Appellant ("the Applicant") for committal proceedings against the Respondent ("the Defendant") for an alleged breach of a Court Order dated 29 April 2022.

Background Facts

[2] This Court had entered judgment against the Respondent, granting the Applicant the right of custody, care and control for the Child of the marriage, Ahiishkaran A/L Prabakaran.

[3] Dissatisfied with the said decision, the Defendant had filed an appeal to the Court of Appeal on 1 May 2022.

[4] The Applicant had thus filed a Committal Proceeding against the Respondent for his breach of the Court Order dated 29 April 2022. The alleged breaches pertain to:

(i) deprivation of the Applicant's custody, care, and control of the child of the marriage;

(ii) failure to pay

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HIGH COURT MALAYA IPOHANNIE VIJAYA KANDIAH PETER – AppellantVersusPRABAKARAN KRISHNAN – Respondent

Cases Referred (3)

HIGH COURT MALAYA IPOH
ANNIE VIJAYA KANDIAH PETER – Appellant
Versus
PRABAKARAN KRISHNAN – Respondent