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