Court orders regarding custody and maintenance must be strictly complied with, with non-compliance resulting in legal consequences and prioritizing the welfare of the child.

Introduction

[1] This case arises from an application by the Appellant ("the Applicant") for committal proceedings against the Respondent ("the Defendant") for an alleged breach of a Court Order dated 29 April 2022.

Background Facts

[2] This Court had entered judgment against the Respondent, granting the Applicant the right of custody, care and control for the Child of the marriage, Ahiishkaran A/L Prabakaran.

[3] Dissatisfied with the said decision, the Defendant had filed an appeal to the Court of Appeal on 1 May 2022.

[4] The Applicant had thus filed a Committal Proceeding against the Respondent for his breach of the Court Order dated 29 April 2022. The alleged breaches pertain to:

(i) deprivation of the Applicant's custody, care, and control of the child of the marriage;

(ii) failure to pay monthly maintenance of RM1,000.00 to the Applicant;

(iii) failure to pay monthly maintenance of RM1,500.00 for the child; and

(iv) failure to pay the costs of the action amounting to RM8,000.00.

[5] In response, the Respondent filed a Notice of Application dated 21 June 2024 to stay the committal proceedings pending the disposal of his appeal. The Applicant has resisted the Stay Application, asserting that the Respondent has failed to demonstrate the existence of special circumstances warranting the stay of proceedings.

Issues To Be Determined

[6] The issues which arise for the determination of this Court are as follows:

(i) Whether the Respondent is in breach of the Court Order dated 29 April 2022 with regard to custody, care and control of the Child ("Breach of Court Order for the Custody, Care and Control of the Child");

(ii) Whether the Respondent has failed to comply with the financial obligations stipulated in the Court Order, namely, the monthly maintenance payments to the Applicant and the child, as well as the payment of costs ("Non-Compliance with Financial Obligations");

(iii) Whether the Respondent has demonstrated special circumstance to justify the granting of a stay of the committal proceedings pending the disposal of his appeal ("Stay of Committal Proceedings").

(i) Breach Of Court Order For The Custody, Care And Control Of The Child

[7] The Applicant contends that the Respondent has deprived her of custody, care, and control of the child, in contravention of the Court Order. The Respondent, in turn, disputes the Applicant's eligibility for custody, alleging a history of mental health issues, violent outbursts, and abusive behaviour by the Applicant. The Respondent has also sought to introduce new evidence purporting to show that the Applicant abused the child.

[8] It is pertinent to note that the High Court's decision to award custody, care, and control of the child to the Applicant was made after careful consideration of all evidence available as of 29 April 2022. The allegations of mental health issues and violent behaviour raised by the Respondent pertain to events that occurred prior to this date. These matters were duly considered by the High Court when making its decision. As such, these allegations cannot be re-litigated at this stage without compelling new evidence.

[9] The Respondent has sought to rely on a Discharge Note, which he claims substantiates the allegation of child abuse by the Applicant. However, the Applicant has correctly pointed out that para 11 of the Discharge Note explicitly states that it cannot be used as evidence of abuse by any party and is not intended for Court purposes. This limitatio on the document's admissibility significantly undermines its probative value.

[10] Furthermore, the Respondent has referred to an Interim Protection Order (IPO) as evidence of abuse. U