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2025 MarsdenLR 506
HIGH COURT MALAYA KUALA LUMPUR
RIN – Appellant
Versus
MIN & ANOR – Respondent
[Divorce Petition No: WA-33-143-04/2024]
Anonymisation in family law is justified to protect privacy and emotional well-being, balancing open justice principles with the need for confidentiality in sensitive matters.
Headnote:(A) Courts of Judicature Act 1964 - Section 15 - Anonymisation in matrimonial disputes - Application for anonymisation allowed to protect privacy of parties and children involved - Open justice principles considered, but balanced against privacy rights and emotional well-being - Anonymisation deemed necessary to avoid public shaming and emotional distress. (Paras 9, 12, 14, 32, 56)
(B) Public interest vs. public's interest - Distinction made; public interest does not extend to mere curiosity - Disclosure of personal details in family law cases risks humiliation and distress. (Paras 33-40)
(C) Equality before the law - Anonymisation should not be denied based on the public status of a party - Privacy protections apply equally to all individuals, regardless of their occupation. (Paras 41-46)
Facts of the case:
The application for anonymisation was made by the Respondent-husband during divorce proceedings initiated by the Petitioner-wife, with concerns for the privacy of both parties and their children, following allegations of adultery. (Paras 4-5)
Findings of Court:
The Court allowed the application for anonymisation, emphasizing the need to protect the privacy of all parties involved, including adult children, and to maintain the integrity of the judicial process. (Paras 56-58)
Issues: The main issue was whether the identities of the parties and children should be anonymised in light of privacy concerns and public interest arguments. (Paras 6-7)
Ratio Decidendi: The Court held that while open justice is important, it must be balanced with privacy rights, especially in sensitive family matters, and that anonymisation serves to protect personal dignity and facilitate honest disclosures in court. (Paras 9, 12, 14, 56)
Result: Application for anonymisation allowed in a modified manner, with costs awarded to the Respondent. (Paras 58-59)
Introduction
[1] This is the Respondent-husband's application in encl 31 ("this Application") for, among others, parties to be anonymised.
[2] Prior to the disposal of this Application, and during its case management stage, the Petitioner-wife, Respondent and Co-Respondent had, in the interim, already been anonymised as RIN, MIN and VIN respectively.
The Factual Background
[3] The Petitioner, and Respondent (collectively "the Parties"), both Malaysian citizens, were aged 54 and 66 respectively at the time of the hearing of this Application. They were married in January 1998, and had two children ("the Children"), born in 2003 and 2006 respectively.
[4] The marriage was unable to withstand the test of time and after allegations of adultery made by the Petitioner, she filed a divorce petition in April 2024, naming the Co-Respondent as a party to the matrimonial dispute.
[5] Although the Respondent filed his reply in September 2024, he had, prior to that, in June 2024, filed this Application seeking the following reliefs:
(1) That the names, addresses, details and any evidence whether oral or documentary relating to these proceedings likely to lead to the identification of the parties, the children of the marriage including the younger child under 18 years and the names of witnesses to the proceedings herein shall not be published or cause to be published by any person save and except by letters of the alphabets assigned or to be assigned to each of them and in particular the names of the parties shall be referred to as follows:
(a) the Petitioner Wife as "ABC" or as "PW";
(b) the Respondent Husband as "DEF" or as "RH";
(c) the elder child and younger child as "GHI" and "JKL" respectively; and
(d) the Co-Respondent as "MNO".
(2) The full address of the respective immovable properties referred to in the cause papers filed and to be filed shall not be published;
(3) In consequence to prayer (1) above, that such identities of persons referred to in the Petition and cause papers filed to date and to be filed in this Honourable Court shall be redacted and substituted by the above alphabets or alphabets to be assigned to them; and
(4) That no person including but not limited to the parties herein, whether by themselves or by their servants, agents, representatives and/or nominees shall post, publish or broadcast and/or cause to post, publish or broadcast any and all cause papers in these proceedings by any means and in any media (including but not limited to the traditional print and social media platforms) that is likely to lead to the identification of the parties (including but not limited to the identity of the parties and witnesses); and
(5) There shall be no visitor presence in the Court room during any hearing save for the litigants, their family members for emotional support and their respective solicitors and/or counsel.
The Issues
[6] The only issue in this Application was whether the Parties and everyone involved in this matrimonial dispute should be anonymised.
[7] The sub-issues for consideration were whether this Application ought to be disallowed on the following grounds: (a) that the Children had attained the age of majority, being over 18 years old; (b) that disallowing the Application would serve the public interest; and (c) that the Respondent's position warranted such refusal of anonymity.
[8] I allowed this Application in a modified manner, for the following reasons.
Contentions, Evaluation, And Findings
[9] I recognise that open justice is a cornerstone of many legal systems, grounded in the principle that justice must not only be served but must also be publicly seen to be served. This principle is enshrined in s 15(1) of the Courts of Judicature Act 1964 ('Courts of Judicature Act'), which states:
Section 15 - Courts to be open and public
(1) The place in which any Court is held for the purpose of trying any cause or matter, civil or criminal, shall be deemed an open and public Court to which the publi
