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.
Tuesday, 13 September 2011
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.
Monday, 15 August 2011
The injunction story continues
In October 2010, I obtained an injunction from the Mahkamah Tinggi Syariah Selangor di Shah Alam preventing my ex-wife's husband from being with my children.
In response, in December 2010 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. I just cannot understand the logic of his actions as it is obviously clear that he and his team of lawyers were overreacting (at best) and didn't put much thought into such actions.
Sadly, (being an ex-parte application) the injunction was granted on 10 January 2011.
Even worse, the injuction that I obtained in October 2010 was subsequently set aside in February 2011. To put it bluntly, I reckon it was something that my legal advisors may have overlooked. Pursuant to an Arahan Amalan Mahkamah Syariah, ex-parte injunctions are only valid for 30 days, unless granted otherwise by the courts. The injunction order was silent on the validity period, hence my ex-wife's husband's lawyers pounced on this ommision and got the injunction swiftly set aside. I was also made to understand that the injucntion was also set aside on technical grounds, i.e. the injunction was premised on my child custody proceedings and he is not a party to the said proceedings.
In February 2011, my mum, the 2nd ex-wife and I immediately filed an application to set aside my ex-wife's husband's injuction order. At the same time, he also filed in an application to extend the validity period of his injunction order. We were rather surprised by his action as the said injunction says that the it is valid up to
In response, in December 2010 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. I just cannot understand the logic of his actions as it is obviously clear that he and his team of lawyers were overreacting (at best) and didn't put much thought into such actions.
Sadly, (being an ex-parte application) the injunction was granted on 10 January 2011.
Even worse, the injuction that I obtained in October 2010 was subsequently set aside in February 2011. To put it bluntly, I reckon it was something that my legal advisors may have overlooked. Pursuant to an Arahan Amalan Mahkamah Syariah, ex-parte injunctions are only valid for 30 days, unless granted otherwise by the courts. The injunction order was silent on the validity period, hence my ex-wife's husband's lawyers pounced on this ommision and got the injunction swiftly set aside. I was also made to understand that the injucntion was also set aside on technical grounds, i.e. the injunction was premised on my child custody proceedings and he is not a party to the said proceedings.
In February 2011, my mum, the 2nd ex-wife and I immediately filed an application to set aside my ex-wife's husband's injuction order. At the same time, he also filed in an application to extend the validity period of his injunction order. We were rather surprised by his action as the said injunction says that the it is valid up to
- the date his child custody proceedings are concluded
- the date another order is obtained to the contrary
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