JUDGMENT

S Nantha Balan JCA:

Introduction

[1] This is an appeal by the Petitioner (the Husband) against the decision of the Learned Judge dated 18 August 2023 dismissing his application (Enclosure 51) to commit the Respondent (the Wife) to prison for being in contempt of the Revised Consent Order of the High Court dated 30 May 2019 in regard to his entitlement to be given access to the child of the marriage. The decision of the High Court is reported at [2023] CLJU 2956 (HC). For reasons of privacy and to spare the child from any embarrassment that may be generated by the vitriolic and vituperative exchange of allegations made by the Petitioner and Respondent against each other, we have decided to anonymise the names of the parties. For the purposes of this Judgment, we shall refer to the Appellant as "PH" and the Respondent as "RW". Essentially in dismissing encl 51 the Learned Judge found that the PH had failed to prove beyond reasonable doubt that the RW was in contempt of Court . Further, the Learned Judge found that in any event, there was inordinate delay on the part of the PH in filing the application for committal.

PH's Case

[2] The PH's case for committal against the RW is