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2024 MarsdenLR 46

HIGH COURT MALAYA KUALA LUMPUR
HOM – Appellant
Versus
HOP – Respondent


Petitioner Advocates:Nicole Wee,Arthur Wang ,Respondent Advocate: John Khoo

JUDGMENT

Evrol Mariette Peters J:

Introduction

[1] This was the Plaintiff's application ("this Application") for joint guardianship, as well as joint custody, care, and control of the Defendant's child. There was also a prayer by the Plaintiff for access to, and physical custody, care, and control of the Defendant's child ("the Child").

[2] Given the privacy of the parties in this Application, and sensitivity of issues in these proceedings, the Plaintiff, Defendant, and the Child have been anonymised respectively as HOM, HOP, and HAY.

The Factual Background

[3] The Plaintiff is the maternal grandmother of the Child, while the Defendant is the father of the Child, who was born in June 2010.

[4] The Child's mother passed away in February 2020 ("the deceased Mother"). The Child is now the sole beneficiary of the deceased Mother's estate, as well as the maternal grandfather's estate, which the Mother had inherited. The maternal grandfather passed away in December 2019 ("the deceased Grandfather").

[5] In March 2023, the Defendant and the Child filed an application, referenced as WA-24NCvC-1091-03/2023 ("Suit No 1091"), against the Plaintiff, the Plaintiff's son ("the Uncle"), and other parties


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