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HIGH COURT MALAYA KUALA LUMPUR
KASTURI NAMBIAR KRISHNAN – Appellant
Versus
STEVEN SEBASTIAN; SIVASANKAR MOHANADASS (PARTY CITED) – Respondent
| Table of Content |
|---|
| 1. factual background leading to the application. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. discussion on the rights and ethical obligations of solicitors. (Para 8 , 9 , 10 , 11) |
| 3. exploration of the rules regarding conflict of interest. (Para 12 , 13 , 14) |
| 4. assessment of the implications of being a potential witness. (Para 20 , 21 , 22 , 23) |
| 5. final decision based on the legal considerations presented. (Para 30) |
Introduction
[1] This was an application ("this Application") in encl 22 by the Petitioner wife for an order that the Respondent's solicitors, Messrs GK Sritharan, recuse themselves from representing the Respondent in the divorce proceedings.
The Factual Background
[2] The Petitioner and Respondent (collectively, "the Parties"), were married on 1 June 2008, and resided at their matrimonial home in Masai, Johor. There are two children of the marriage who are currently in the custody, care and control of the Petitioner.
[3] The marriage deteriorated with time, and the Petitioner claimed that it was due to the Respondent's intolerable behaviour, which was his involvement in drugs. As a result of such activities, the Petitioner claimed that the Respond
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