Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Travel ban and passport cancellation
  • 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,…

    • Custody
    • Committal for contempt
    • Recovery order under child act 2001
    • Substituted service
    • Service of process
    • Travel ban and passport cancellation