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HIGH COURT MALAYA KUALA LUMPUR
VIGNESWARAN NITTIYANANTHAN – Appellant
Versus
SIVA PAKKIAM RAMASAMY – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. arguments regarding compliance and access. (Para 13 , 14) |
| 3. legal standards for contempt proceedings. (Para 16 , 21 , 23) |
| 4. court's observations on contempt process. (Para 44 , 45 , 47 , 49) |
| 5. conclusion on contempt and sanctions. (Para 75 , 76) |
Introduction
[1] This was the Petitioner-husband's application in encl 219, pursuant to Order 52 r 4 of the Rules of Court 2012 ("Rules of Court"), to cite the Respondent-wife for contempt, for non-compliance with the terms of a consent order dated 8 May 2024.
The Factual Background
[2] The Petitioner and Respondent (collectively "the Parties"), both aged 45 years old at the time of the hearing of this application, were married in December 2011, and welcomed a son ("the Child"), in November 2014.
[3] In March 2016, the Petitioner filed a divorce petition, which led to the dissolution of the marriage by a Court Order dated 29 June 2018 ("the June 2018 Court Order"). According to the terms of the June 2018 Court Order, joint guardianship of the Child was granted to the Parties, with custody, care, and control awarded
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