29 Apr 2022
PRABAKARAN A/L KRISHNAN ANNIE VIJAYA A/P KANDIAH PETER
- Citation
- AA-24F-58-09/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-24F-58-09/2020 (Mahkamah Tinggi)
The statutory presumption under s.88(3) LRMDA favouring the mother for a child below seven was not rebutted because RH failed to adduce compelling evidence of PW's unfitness or of a major mental illness; medical reports did not support RH's allegations and the welfare of the two‑year‑old child required continuity and maternal care. Accordingly sole custody was awarded to PW, access and maintenance orders were imposed and the marriage was dissolved.