Yesterday, my hadhanah or child custody trial at Mahkamah Tinggi Syariah Shah Alam was supposed to resume after no less than 3 postponements since December 2010.
As expected, my ex-wife's lawyers (3 of them!) made a meal of the Honourable Judge's decision at Mahkamah Rendah Syariah Petaling Jaya on 14 September 2011 to deny my Bantahan Awal.
After several rounds of exchanges between the lawyers from both sides, the Honourable Judge concluded that he will make a decision on the matter at the end of October 2011.
Yet another postponement...
Friday, 23 September 2011
Keputusan Bantahan Awal
Last week, 14 September 2011 was the "tarikh keputusan" for my preliminary objection or "Bantahan Awal" at Mahkamah Rendah Syariah Petaling Jaya.
As previously mentioned, on 21 March 2011 my ex-wife filed an application at Mahkamah Rendah Syariah Petaling Jaya to invalidate my previous marriage with her.
Her application is based on fact that she purportedly "suddenly became aware" that she is an illegitimate child, hence her father cannot be the wali for our marriage. Her ultimate aim is to prejudice my child custody and matrimonial asset claims.
I filed in my Bantahan Awal on 21 June 2011.
On 14 September 2011, the Honourable Judge rejected my Bantahan Awal on grounds that the issue put forth by my ex-wife is a serious one that has material consequences on the issue of lineage and inheritance. Therfore the matter should be tried. Both parties were ordered to complete their pleadings and to proceed with a full trial.
After the event, I learned that the case had attracted the interest of the press. Even the members of staff at the courts were following the case. Whilst walking out of the court, I noticed the presence of reporter(s) and a cameraman. My ex-wife's legal counsel alerted her, and as a result, she refused to step out from the court building for almost an hour. Her unsavoury advisor even tried to chase the cameraman away.
In the end, she came out with a newspaper covering her face. As the Malays say "tahu pun malu"!
As previously mentioned, on 21 March 2011 my ex-wife filed an application at Mahkamah Rendah Syariah Petaling Jaya to invalidate my previous marriage with her.
Her application is based on fact that she purportedly "suddenly became aware" that she is an illegitimate child, hence her father cannot be the wali for our marriage. Her ultimate aim is to prejudice my child custody and matrimonial asset claims.
I filed in my Bantahan Awal on 21 June 2011.
On 14 September 2011, the Honourable Judge rejected my Bantahan Awal on grounds that the issue put forth by my ex-wife is a serious one that has material consequences on the issue of lineage and inheritance. Therfore the matter should be tried. Both parties were ordered to complete their pleadings and to proceed with a full trial.
After the event, I learned that the case had attracted the interest of the press. Even the members of staff at the courts were following the case. Whilst walking out of the court, I noticed the presence of reporter(s) and a cameraman. My ex-wife's legal counsel alerted her, and as a result, she refused to step out from the court building for almost an hour. Her unsavoury advisor even tried to chase the cameraman away.
In the end, she came out with a newspaper covering her face. As the Malays say "tahu pun malu"!
Tuesday, 13 September 2011
The contempt
During a case mention 16 November 2010, my ex-wife put in an oral request before the Honourable Judge to be with the children for Hari Raya Aidil Adha. The Honourable Judge granted the request and ordered for the children to be surrendered to my ex-wife on 16 November 2010 at 3:30pm and to be returned on 17 November 2011 on or before 5:30pm.
To cut a long story short, after surrendering my children to her, my ex-wife refused to return them as ordered by the courts.
The courts subsequently issued an order for my ex-wife to return the children to me, to which she continued to totally disregarded.
On 16 December 2011, with the help of the police, the children were subsequently surrendered to me at 4:00am at IPD Shah Alam. Yes 4:00AM!
Whilst all this was happening, we put in an application to cite my ex-wife for contempt pursuant to Section 229(1) of the Enakmen Tatacara Mal Mahkamah Syairah (Negeri Selangor) 2003.
The hearing for the case was initially set for 5 July 2011, but was subsequently postponed to 8 September 2011.
On 8 September 2011, we informed the Honourable Judge that we were ready to proceed with the hearing. In response, and to our surprise, the Honourable Judge referred to a recent Syariah Court of Appeal case in Negeri Sembilan, where it was decided that only the courts have the power to commence contempt proceedings pursuant to the equivalent of Section 229(1) of the Enakmen Tatacara Mal Mahkamah Syairah (Negeri Selangor) 2003.
This has a direct impact on all ongoing contempt proceedings... including the one that I have just filed.
As the Syariah Court of Appeal case was relatively new, the Honourable Judge ordered that both lawyers are to study the case and present to the Honourable Judge on 25 October 2011 on whether the contempt proceedings can continue.
To cut a long story short, after surrendering my children to her, my ex-wife refused to return them as ordered by the courts.
The courts subsequently issued an order for my ex-wife to return the children to me, to which she continued to totally disregarded.
On 16 December 2011, with the help of the police, the children were subsequently surrendered to me at 4:00am at IPD Shah Alam. Yes 4:00AM!
Whilst all this was happening, we put in an application to cite my ex-wife for contempt pursuant to Section 229(1) of the Enakmen Tatacara Mal Mahkamah Syairah (Negeri Selangor) 2003.
The hearing for the case was initially set for 5 July 2011, but was subsequently postponed to 8 September 2011.
On 8 September 2011, we informed the Honourable Judge that we were ready to proceed with the hearing. In response, and to our surprise, the Honourable Judge referred to a recent Syariah Court of Appeal case in Negeri Sembilan, where it was decided that only the courts have the power to commence contempt proceedings pursuant to the equivalent of Section 229(1) of the Enakmen Tatacara Mal Mahkamah Syairah (Negeri Selangor) 2003.
This has a direct impact on all ongoing contempt proceedings... including the one that I have just filed.
As the Syariah Court of Appeal case was relatively new, the Honourable Judge ordered that both lawyers are to study the case and present to the Honourable Judge on 25 October 2011 on whether the contempt proceedings can continue.
The supposed end of the injunction
On 10 January 2011 my ex-wife's husband applied for an ex-parte injunction to prevent me and my mum from going within 100 metres of him and his two children and to prevent his 2nd ex-wife from bringing his children to see me and my mum.
Part of the terms of the injunction is that it must be served to the respondents within 14 days.
The order was served to me and the guy's 2nd ex-wife within that 14 day period, but not to my mum.
In February 2011, the guy files in an application to extend the validity of the injunction order. We found this rather strange as the terms of the injunction states that it is valid until his child custody proceedings have been concluded. So which is which?
My mum subsequently filed in a preliminary objection on grounds that the order was not served to her within the 14 day period. I filed in an application to set aside the injunction on grounds that all the allegations made by the guy is all fabricated and I am not a party to his child custody proceedings (hence no kes induk).
We also filed our affidavits to challenge the guy's application to extend the validity of the order.
After about four (4) months of affidavits flying around, on 15 June 2011 the courts determined that it would make a decision on the extension of the injunction on 3 August 2011.
On 3 August 2011, the Honourable Judge was on emergency leave. The replacement judge was willing to read out the court's decision, but to our horror, he said that the case file cannot be found anywhere in the Honourable Judge's room.
So it was decided that the courts will instead read out the decision on 19 October 2011.
The lawyers are also ordered to give an oral summary on the respondents' application to set aside the injunction.
We shall see what happens on 19 October 2011.
Part of the terms of the injunction is that it must be served to the respondents within 14 days.
The order was served to me and the guy's 2nd ex-wife within that 14 day period, but not to my mum.
In February 2011, the guy files in an application to extend the validity of the injunction order. We found this rather strange as the terms of the injunction states that it is valid until his child custody proceedings have been concluded. So which is which?
My mum subsequently filed in a preliminary objection on grounds that the order was not served to her within the 14 day period. I filed in an application to set aside the injunction on grounds that all the allegations made by the guy is all fabricated and I am not a party to his child custody proceedings (hence no kes induk).
We also filed our affidavits to challenge the guy's application to extend the validity of the order.
After about four (4) months of affidavits flying around, on 15 June 2011 the courts determined that it would make a decision on the extension of the injunction on 3 August 2011.
On 3 August 2011, the Honourable Judge was on emergency leave. The replacement judge was willing to read out the court's decision, but to our horror, he said that the case file cannot be found anywhere in the Honourable Judge's room.
So it was decided that the courts will instead read out the decision on 19 October 2011.
The lawyers are also ordered to give an oral summary on the respondents' application to set aside the injunction.
We shall see what happens on 19 October 2011.
Subscribe to:
Posts (Atom)