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2024 MarsdenLR 1460

HIGH COURT MALAYA KUALA LUMPUR
EVROL MARIETTE PETERS, J
HAY – Appellant
Versus
HER – Respondent


Petitioner Advocates:Chris Chin,Uma Rani ,Respondent Advocate: Rajan Navaratnam,Vinu Kamalanathan

JUDGMENT

Evrol Mariette Peters J:

Introduction

[1] This is the Plaintiff-Husband's application ("this Application") for discovery of the identification documents of six individuals who were present with the Defendant-Wife at the relevant place and time as specified.

[2] In the interest of privacy of the parties concerned and sensitivity of the issues, the Plaintiff and Defendant have been anonymised respectively as HAY and HER.

The Factual Background

[3] The Plaintiff, a Cambodian citizen, and the Defendant, originally a Malaysian citizen who later acquired Cambodian citizenship (collectively "the Parties"), were married in February 2019. Their union was blessed with a son ("the Child") in February 2022.

[4] In April 2023, the Defendant returned to Malaysia with the Child, and neither has since returned to Cambodia. Meanwhile, in May 2023, the Plaintiff filed for divorce in Cambodia and subsequently obtained a court order in June 2023, in his favour.

[5] In September 2023, the Plaintiff filed an application in the High court of Malaya under case number WA-24F-281-09/2023, seeking, among other things, the return of the Child to Cambodia.

[6] In November 2023, this court granted, amongst othe

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