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2022 MarsdenLR 1830

HIGH COURT MALAYA KUALA LUMPUR
BSO – Appellant
Versus
JEH – Respondent


Petitioner Advocates:Vivek Sukumaran,Jasvinder Singh,Pang Wan Si ,Respondent Advocate: Calvin Khoo

JUDGMENT

Evrol Mariette Peters J:

Introduction

[1] This was an application ("this Application") by the Applicant for, inter alia, sole guardianship and custody, as well as care and control of the child of the Applicant and Respondent.

[2] In light of the sensitivity of the issues in these proceedings, the Applicant wife and Respondent husband have been anonymised in this judgment respectively as BSO and JEH.

The Factual Background

[3] After their marriage in the United Kingdom in 2016, the Applicant, a Malaysian citizen, and the Respondent, a citizen of the United Kingdom, continued to live in Malaysia, and in 2017, they were blessed with a son ("the Child"). Although the marriage was not registered in Malaysia, the parties and the Child are domiciled in Malaysia.

[4] In January 2020, the Applicant, together with the Child, left the matrimonial home as a result of the Respondent's alleged violent behaviour, which the Applicant claimed included physical threats.

[5] In March 2021, this Application was filed, which was allowed for the following reasons.

Contentions, Evaluation, And Findings

[6] At the outset, the Respondent raised several issues pertaining to the identity of the Applicant and


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