17 May 2024
THEVITTHRA A/P VISWANATHAN KANNAN A/L RAJARATNAM PIHAK KETIGA RAJARAJESWARY A/P RAJARATNAM
- Citation
- BA-24F-247-08/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24F-247-08/2023 (Mahkamah Tinggi)
Because the child is of tender years and the statutory presumption in section 88(3) LRA favours placement with the mother, and because the defendant failed to rebut that presumption with cogent evidence while having removed the child from the jurisdiction in breach of court orders (impeding enforceability and constituting contempt), the court held the child's welfare is best served by granting the plaintiff sole custody and permitting the defendant reasonable supervised access in public; the defendant's custody claim was dismissed.