Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Interim protection order

  • 4 Jun 2025

    XXXX RASIDAH BINTI RATAG

    Citation
    WA-41(Ors)-10-07/2024 (Mahkamah Tinggi)
    Court
    Ors
    Case number
    WA-41(Ors)-10-07/2024 (Mahkamah Tinggi)

    The magistrate's ex parte allowance of the application to set aside the IPO breached the audi alteram partem principle because the father and the Welfare Department were not cited or heard; that procedural irregularity vitiates the magistrate's order, which is set aside, the original IPO is reinstated pending a fresh hearing where all necessary parties must be personally notified, and the matter is remitted to another magistrate for rehearing.

  • 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.