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2020 MarsdenLR 795
HIGH COURT MALAYA SHAH ALAM
ABC & ANOR – Appellant
Versus
JKL – Respondent
[Civil Suit No: BA-22F-3-11-2019]
A child adopted under the Adoption Act 1952 has rights conferred that extinguish those of biological parents, and courts prioritize child welfare in injunction matters.
Headnote:This judgment analyzes interim orders requested under the Specific Relief Act 1950 and related laws, wherein plaintiffs sought injunctions against the defendant to protect their adopted child. The court found that the necessary legal framework supported the plaintiffs' need for immediate protection due to alleged threats from the defendant. Key issues included the need to assess the likelihood of harm and the appropriateness of an injunction as preventive relief. The court concluded to grant the interim injunction for the safety of the child pending full hearing.
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| 1. interlocutory injunction requires serious issues to ensure child's protection. (Para 10 , 12) |
(the Order to Anonymise)
8. that all such identities in the Writ, pleadings and cause papers filed to date in this Honourable Court shall be redacted and substituted by initials, and affidavits re-affirmed and filed in accordance with the Order to Anonymise prior to service on the Defendant and/or his solicitors; and
9. that the Plaintiffs shall be exempted from the requirement to state their place of residence under O 41 r 1(4) and O 92(4) Rules of 2012 in all pleadings, affidavits and other cause papers filed by the Plaintiffs in these proceedings, and that the same be replaced in the care of the address of their solicitors; and
10. that the Defendant, whether by himself or by his servants, agents, representatives and/or nominees shall be restrained from posting, publishing or sharing the pleadings and all other cause papers in these proceedings on the Internet or otherwise; and
11. that parties be at liberty to apply; and
12. that the costs of this application shall be costs in the cause; and
13. any further reliefs and/or other orders deemed fit and proper by this Honourable Court."
[2] The cause papers and written submissions are as follows:
(a) Enclosure (4): Notice of Application dated 12 November 2019.
(b) Enclosure (5) & (6): Plaintiffs' affidavit in support affirmed by ABC dated 11 November 2019.
(c) Enclosure (7): Plaintiffs' affidavit in support affirmed by DEF dated 11 November 2019.
(d) Enclosure (19): Defendant's affidavit in reply affirmed by JKL dated 29 November 2019.
(e) Enclosure (21): Ad-Interim order dated 29 November 2019.
(f) Enclosure (24): Plaintiffs' affidavit in reply affirmed by ABC dated 13 December 2019.
(g) Enclosure (31): Defendant's affidavit in reply (2) affirmed by JKL dated 19 December 2019.
(f) Enclosure (32): Plaintiffs' affidavit in reply (2) affirmed by ABC dated 3 January 2020.
(g) Enclosure (33): Plaintiffs' affidavit in reply (2) affirmed by DEF dated 3 January 2020.
Submissions by the plaintiffs (encl 28) and submission by the defendant (encl 26) and oral submissions in reply by the learned counsels.
