JUDGMENT

Evrol Mariette Peters J:

Introduction

[1] This was an application ("this Application") by the Defendant-Wife in enclosure 136, for a stay of execution of the terms of the court order dated 18 October 2019, which was varied on 19 September 2023, pertaining to the Plaintiff-Husband's access to the children of the marriage.

[2] To protect the privacy of the parties, and due to the sensitive nature of the issues involved, the Plaintiff and Defendant have been anonymised in this judgment as JOY and GIA, respectively.

The Factual Background

[3] The Plaintiff (an Indian citizen), and Defendant (a Malaysian), (collectively, "the Parties") were married in India in July 2012, and two daughters ("the Children"), were born in February 2015 and January 2018 respectively, as a result of the union.

[4] The Parties resided in India until July 2017, when the Defendant, while pregnant with the younger child, left India and returned to Malaysia with the older child.

[5] After making efforts to locate the Defendant and the older child, the Plaintiff filed an application in November 2017 ("the Custody Application") in the High court of Malaya seeking, inter alia, custody, care, and control of the unbo