J J

J J

Court found beyond reasonable doubt that Respondent disobeyed the Access Order on 24-25 December 2019; although procedural defects existed (no sealed copy served, no formal penal notice indorsed, show-cause formality), those defects did not prejudice the Respondent given his knowledge of the order and contemporaneous communications, and the Court lawfully dispensed with service and indorsement; therefore committal order was proper and Respondent was sentenced to 10 days' imprisonment.

Citation
AA-33-124-03/2018 (Mahkamah Tinggi)
Parties
Petitioner: J ....; Respondent: J ....
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 September 2020
Case Number
AA-33-124-03/2018 (Mahkamah Tinggi)
Procedural Posture
Divorce Petition With Committal for Contempt / Substantive Committal Hearing and Sentencing
Outcome
Respondent found guilty of contempt of court and sentenced to imprisonment
Legal Topics
Access Order, Committal, Show Cause Notice, Penal Notice, Service of Order, Custody and Access
Source Language
Malay/English
Family Law Contempt of Court Civil Procedure Access Order Committal Show Cause Notice Penal Notice Service of Order +1 more

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Parties

J ....

Petitioner

J ....

Respondent

Procedural Posture

Divorce Petition With Committal for Contempt / Substantive Committal Hearing and Sentencing

Legal Issues

  1. 1 Non-service of a sealed copy of the Access Order
  2. 2 Whether prior notice to show cause was given
  3. 3 Effect of lack of a penal notice

Ratio Decidendi

Court found beyond reasonable doubt that Respondent disobeyed the Access Order on 24-25 December 2019; although procedural defects existed (no sealed copy served, no formal penal notice indorsed, show-cause formality), those defects did not prejudice the Respondent given his knowledge of the order and contemporaneous communications, and the Court lawfully dispensed with service and indorsement; therefore committal order was proper and Respondent was sentenced to 10 days' imprisonment.

Court Disposition

Respondent found guilty of contempt of court and sentenced to imprisonment

Orders

  • Order of committal issued against the Respondent for contempt of the Access Order dated 9.12.2019
  • Respondent sentenced to 10 days imprisonment