Malaysia Case Law: Decisions & Judgments

Topic

Custody and guardianship

Legal area

Court

22 Jul 2025

PEMPETISYEN I V A 1. ) R O M 2. ) A R B

Citation

WA-33-79-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-79-02/2023 (Mahkamah Tinggi)

Adultery by the Respondent and Co-Respondent was not proved on the requisite civil standard with heightened scrutiny due to seriousness; Petitioner established independent means and equal responsibility for the marriage breakdown so spousal maintenance was denied; Respondent ordered to pay child maintenance (MYR4,000 monthly) and given structured access while both parties retain joint guardianship; only the matrimonial home was treated as divisible matrimonial asset to be equally shared (sale or buy‑out), other contested assets or past sale proceeds were not awarded to Petitioner due to conce…
24 Jun 2025

SHAMSHUDDHUHA BIN ISHAK [1.JABATAN KEBAJIKAN MASYARAKAT]

Citation

WA-89-531-04/2025 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-89-531-04/2025 (Mahkamah Majistret)

The court found the child to be beyond parental control because the child associated with negative influences and the Applicant had admitted inability to exercise proper supervision; the probation report and evidence of a stable pre‑existing bond with the fit and proper person supported family‑based placement; accordingly the child was placed in the care of the named fit and proper person until 18 and placed under probation supervision for one year.
15 Dec 2023

PEMPETISYEN Baramaguru A/l Mariappen NIRMALA A/P RAMASAMY

Citation

NA-33-148-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

NA-33-148-07/2019 (Mahkamah Tinggi)

Marriage dissolved and decree nisi made absolute; sole custody, care and control of the children awarded to Respondent with a defined access regime for Petitioner; Petitioner ordered to pay RM600 per child (RM1,800 total) monthly and to bear reasonable education, medical and insurance costs directly to providers; Petitioner ordered to pay RM800 monthly to Respondent; matrimonial home at 109 Jalan Desaria transferred to Respondent; Lot 16518 transferred to Petitioner as compensation; Lot 406 and Innova retained/transferred as specified; respondent's counterclaims including voiding transfers to…
7 Sept 2023

Hisham Bin Halim 1. ) Maya Binti Ahmad Fuaad 2. ) Ketua Hakim Syarie Mahkamah Syariah Negeri Selangor 3. ) Ketua Pengarah Jabatan Kehakiman Syariah Malaysia 4. ) Pendaftar Mahkamah Tinggi Syariah Negeri Selangor 5. ) Mahkamah Tinggi Syariah

Citation

BA-25-37-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-25-37-05/2021 (Mahkamah Tinggi)

The High Court dismissed the judicial review: the Selangor Syariah High Court has statutory jurisdiction to hear committal and contempt related to custody orders under the relevant Selangor enactments; Article 121(1A) prevents the civil High Court from reviewing Syariah court matters absent a constitutional question; the judicial review was premature because no committal order had been made (leave to commence committal is inchoate); the appointment of the Syariah judge was valid and gazetted, so no illegality or procedural impropriety was established.
26 Aug 2022

Min Sam Joyce Choong Yian May

Citation

WA-24F-51-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24F-51-02/2021 (Mahkamah Tinggi)

The child was not abducted and Malaysian courts had jurisdiction; the plaintiff failed to rebut the s88(3) presumption because the child is young, non-verbal and has autism-spectrum symptoms and is dependent on the mother as primary caregiver; on welfare grounds the child should remain with the mother in Malaysia; accordingly the defendant was awarded sole guardianship, custody, care and control, the plaintiff was granted access limited to Malaysia (daily virtual access and overnight unsupervised access when in Malaysia), no maintenance was ordered against the plaintiff, and other reliefs in…

Malaysia Case Law

PEMPETISYEN I V A 1. ) R O M 2. ) A R B

SHAMSHUDDHUHA BIN ISHAK [1.JABATAN KEBAJIKAN MASYARAKAT]

PEMPETISYEN Baramaguru A/l Mariappen NIRMALA A/P RAMASAMY

Hisham Bin Halim 1. ) Maya Binti Ahmad Fuaad 2. ) Ketua Hakim Syarie Mahkamah Syariah Negeri Selangor 3. ) Ketua Pengarah Jabatan Kehakiman Syariah Malaysia 4. ) Pendaftar Mahkamah Tinggi Syariah Negeri Selangor 5. ) Mahkamah Tinggi Syariah

Min Sam Joyce Choong Yian May