CCKY CCT

CCKY CCT

The court applied the welfare principle and the s.88(3) presumption for a child under seven: the mother was the primary caregiver and the father failed to rebut the presumption by credible evidence. Consequently sole custody, care and control was awarded to the mother while guardianship was granted jointly to both parents to ensure parental responsibility for support, health and education. Maintenance was set on the parties' means and needs: interim child maintenance RM5,300/month and interim spousal maintenance RM2,000/month (with specified payment mechanics), arrears and interest ordered, education and insurance obligations imposed on the father, a restraining injunction granted on...

Citation
WA-24F-79-03/2018 (Mahkamah Tinggi)
Parties
Plaintiff: CCKY; Defendant: CCT
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 June 2020
Case Number
WA-24F-79-03/2018 (Mahkamah Tinggi)
Procedural Posture
Family / Matrimonial / Hearing and Judgment on Originating Summons (interim Orders Pending Divorce)
Outcome
Interim judgment granting joint guardianship, sole custody to mother, maintenance and injunctive relief; angpao repayment claim not determined on originating summons
Legal Topics
Custody, Guardianship, Child Maintenance, Spousal Maintenance, Restraining Order (injunction Against Molestation), Disclosure of Means, Variation of Orders
Source Language
Malay/English
Family Law Child Custody Maintenance Domestic Violence Guardianship Custody Child Maintenance Spousal Maintenance +3 more

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Parties

CCKY

Plaintiff

CCT

Defendant

Procedural Posture

Family / Matrimonial / Hearing and Judgment on Originating Summons (interim Orders Pending Divorce)

Legal Issues

  1. 1 Who should have guardianship and custody of the infant child
  2. 2 Quantum of interim child maintenance
  3. 3 Quantum of interim spousal maintenance

Ratio Decidendi

The court applied the welfare principle and the s.88(3) presumption for a child under seven: the mother was the primary caregiver and the father failed to rebut the presumption by credible evidence. Consequently sole custody, care and control was awarded to the mother while guardianship was granted jointly to both parents to ensure parental responsibility for support, health and education. Maintenance was set on the parties' means and needs: interim child maintenance RM5,300/month and interim spousal maintenance RM2,000/month (with specified payment mechanics), arrears and interest ordered, education and insurance obligations imposed on the father, a restraining injunction granted on...

Court Disposition

Interim judgment granting joint guardianship, sole custody to mother, maintenance and injunctive relief; angpao repayment claim not determined on originating summons