Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Custody

  • 27 Feb 2026

    NARESH A/L NUKURAJU KALISSWARI A/P APPARAO

    Citation
    BA-24F-227-08/2025 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-24F-227-08/2025 (Mahkamah Tinggi)

    Where allegations against a parent are unsubstantiated and affidavits are untested, the court will not deny reasonable unsupervised access; mother awarded sole physical custody and control as primary carer, father granted regular access and ordered to pay RM800 monthly as maintenance based on child’s needs and parents’ circumstances; travel abroad or outside state prohibited without written consent between parents; costs borne by respective parties and penal notice attached to orders.

  • 27 Oct 2025

    PEMPETISYEN SUTHAGAR A/L UTRAPATHY 1. ) JAMUNA A/P SANATHEPATHEY 2. ) SARAVANAN A/L MUTHUSAMY 3. ) Yogeswary A/p Kumaresan

    Citation
    JA-33-382-08/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-33-382-08/2019 (Mahkamah Tinggi)

    R1 failed to prove adultery on the balance of probabilities because the evidence was uncorroborated, inconsistent and largely circumstantial, with no contemporaneous WhatsApp messages, photos or videos proving physical intimacy; therefore R1's claim for RM150,000 against R3 is dismissed and costs awarded to R3.

  • 24 Sept 2025

    KAMALA A/P SUBRAMANIAM 1. ) R. BANNIR SELVAM 2. ) KALAVATHI A/P MARIMUTHU

    Citation
    WA-89-943-07/2025 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-89-943-07/2025 (Mahkamah Majistret)

    The court found that circumstances had materially changed and considered the child's best interests as paramount; however the child's expressed wish and the stability provided by the Respondents weighed heavier than the Applicant's biological status and improved circumstances, therefore the original custody order of 30.1.2023 remains in force but is varied to grant the Applicant limited monthly supervised visitation in a public setting.

  • 28 Jul 2025

    JEYARINE MONICA JOAN POOBAL ROYAN KUMARESAN A/L SOUNDARARAJAN

    Citation
    BA-24F-108-05/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-24F-108-05/2024 (Mahkamah Tinggi)

    Given the child's age (under seven), the recent Level 2 ASD diagnosis, the need for stability, continuity of therapy and preschool routine, and the Plaintiff's position as primary caregiver, the court awarded joint guardianship and custody with physical care and control to the Plaintiff; limited Defendant's unsupervised access to Wednesdays 4:00–8:00 pm and overnight access on alternate weekends (Saturday 10:00 am to Sunday 7:00 pm) with no interstate travel without prior written consent; ordered child maintenance RM1,500/month payable from February 2023 with a 5% increase every two years and…

  • 27 Jul 2025

    PEMPETISYEN TAN SHEE PENG LEE BEE AI

    Citation
    KA-33-77-10/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    KA-33-77-10/2022 (Mahkamah Tinggi)

    Decree nisi granted dissolving the marriage; court found marriage irretrievably broken but apportioned greater responsibility to the Petitioner due to abandonment and unproven allegations of serious violence; granted Respondent sole custody with reasonable access to Petitioner; drew adverse inference under Evidence Act s114(g) that Petitioner's income understated and therefore ordered maintenance of RM1,000 per child (RM2,000 total) and spousal maintenance of RM800 per month; classified the House as a matrimonial asset, ordered Petitioner to continue servicing the housing loan and to transfer…

  • 14 Jul 2025

    MUGUNTHAN A/L MANICKAM

    Citation
    B-05(SH)-351-09/2023 (Mahkamah Rayuan)
    Court
    SH
    Case number
    B-05(SH)-351-09/2023 (Mahkamah Rayuan)

    Court unanimously held prosecution proved beyond reasonable doubt that appellant had custody, control and knowledge of the drugs (including 845g cannabis) by circumstantial evidence (bag held by appellant, car registered to appellant, keys and personal items found); failure to call alleged co-user did not amount to suppression under s114(g); absence of fingerprint/DNA was not fatal; appellant failed to rebut presumption under s37(d) ADB and innocent carrier defence failed; conviction and sentence affirmed.

  • 7 May 2025

    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)

    Defendant knowingly and deliberately removed and retained the child in defiance of the High Court custody order of 17.5.2024; substituted service and dispensation of personal service were justified on the facts; contempt was proved beyond reasonable doubt as to the Defendant and a committal order to prison until the contempt is purged (return of the child) was appropriate and issued (suspended for a limited period); evidence was insufficient to convict the Proposed 2nd Contemnor; statutory preconditions under ss.52 and 53 Child Act 2001 are met and a recovery order with directions to police,…

  • 5 May 2025

    PEMPETISYEN ONG MING THONG CHONG PHAIK AI

    Citation
    KA-33-178-08/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    KA-33-178-08/2019 (Mahkamah Tinggi)

    Marriage dissolved: court held marriage had irretrievably broken down by reason of prolonged separation and granted divorce. Spousal maintenance awarded as RM300,000 lump sum payable within one month and RM5,000 monthly for seven years; RM2,000,000 lump sum claim rejected as unreasonable and beyond husband’s means. Child maintenance RM3,000 per month until completion of tertiary education. Property division allocated specific properties to each party or to the child in trust, taking into account direct contributions, non‑financial contributions and third‑party interests. Costs of RM15,000 awa…

  • 5 May 2025

    PEMPETISYEN WONG SHU FUNG 1. ) ALARIC LAU HON PHUNG 2. ) MELISSA LOKE MEI LIN

    Citation
    BA-33-456-06/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-33-456-06/2024 (Mahkamah Tinggi)

    Given the paramountcy of the children’s welfare, credible contemporaneous evidence (photographs, WhatsApp messages, police report and IPO) of physical abuse by the Petitioner towards child K, together with the children’s clear and independent preference to remain with their father, justified granting joint guardianship but awarding physical care and control to the Respondent Husband with reasonable alternate‑weekend access to the Petitioner.

  • 5 May 2025

    ALARIC LAU HON PHUNG WONG SHU FUNG

    Citation
    BA-24F-69-03/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-24F-69-03/2024 (Mahkamah Tinggi)

    Applying the paramount welfare principle, the court found the evidence of physical abuse of child K by the mother credible (photographs, WhatsApp messages, police report), the children (age 12 and 9) independently expressed a clear wish to remain with their father, and the father's care provided a stable environment; therefore joint guardianship and custody were appropriate but physical care and control was awarded to the father pending final disposal, with reasonable access to the mother.