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2024 MarsdenLR 2190

HIGH COURT MALAYA SHAH ALAM
JULIE LACK, J
R RENUGA RAMAYAH – Appellant
Versus
RAMESH SENGARAN – Respondent


Petitioner Advocates:R Renuga Ramayah ,Respondent Advocate: Lucas Low Lay Hoe

JUDGMENT

Julie Lack J:

Introduction

[1] Enclosure 125 was filed by the petitioner wife (PW) to seek for an order for committal against the respondent husband (RH) for breaching the order of court granted by SM Komathy J (as Her Ladyship then was) dated 31 October 2022. The non-compliance is in relation to the RH's failure to pay child maintenance and arrears of maintenance.

[2] In this matter, I had directed for written submissions to be prepared and called for the RH to give evidence from the witness stand before closing the proceedings.

[3] After having read the cause papers, considered the written and oral submissions by the parties as well as the sworn evidence of the RH, I was satisfied beyond reasonable doubt that the RH was guilty of contempt of court in failing to pay child maintenance and arrears of maintenance in wilful breach of the order of court dated 31 October 2023, in particular, paras 4 and 5 thereof.

[4] Sentence was deferred, giving the RH time and the opportunity to purge his contempt. He failed to do so and on 24 November 2023, the RH was sentenced to a term of four months' imprisonment to take effect from the date of the order.

[5] The RH has appealed against my deci

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