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

1. the date his child custody proceedings are concluded
2. the date another order is obtained to the contrary

The nonsensicle charade got bigger, messier and even more complicated...

The injunctions

As mentioned in one of my earlier posts, my ex-wife's boyfriend (now husband) is under investigation by the police for child sexual abuse (Section 377E Penal Code).

At one time my children complained that he had hit them in the past. It happaned when my then wife (when I was still married to her) took them out on dates with him. I was rather concerned but I needed proof.

My ex-wife and her boyfriend got married in May 2010.

After they got married, naturally my ex-wife took the children home (during visitations) to stay with her and her new husband. As expected, I was worried. My worry turned out to be a nightmare when my daughter complained that her step father let her see him naked.

My family and I were worried sick. I was faced with the situation where my ex-wife brings my children home to stay with a guy who is under investigation for child sexual abuse and he subsequently lets himself be seen naked by my daughter. Should I just keep quiet and hope for the best and that nothing will happen? Or shall I do something about it?

After lengthy discussions with my legal counsels, we then decided to obtain an injunction on grounds of safety for the children. On 14 October 2010, the Mahkamah Tinggi Syariah Selangor di Shah Alam granted the said injunction.

Natural a guy with such an unsavory character and with something to hide (well... loads actually) would be extremely illusive. The injunction was finally served on him sometime around 3rd November 2010.

I have absolutely no words to describe the events that followed. It was probably one of the most ridiculous short term brain-disengagaed knee-jerk rection one could have ever undertaken. Till today I am still in a state of shock!

About 4 days after being served with the injunction order, my ex-wife and her husband started to make video recordings of HIS two children (from his previous marriage with his 2nd ex-wife). In the videos, the eldest of the two (5 years old at that time) was seen guided by the guy asking the boy to say that

• my mum had molested the boy;
• the boy's mum (the guy's 2nd ex-wife), my mum and I were practicing black magic; and
• the boy's mum, my mum and I constantly taught him to say that the guy had molested him.

In another video, the youngest of the two (3 years old at that time) was filmed by my ex-wife, naked from waist down, with an erection and saying "nenek buat... nenek buat".

I wish I can display the videos here to show how blatantly obvious that the whole thing was doctored. The poor children were inconsistent with their answers and had to be blatantly guided to produce the (prejudicial) answers that my ex-wife and her husband wanted. Look at the timing too! How is it that these events were to "suddenly" surface out of the blue after the injunction was served on him? Come on lah! Who are you trying to kid here?

On 15 November 2010, the guy

1. used the videos in his application to set aside the injunction; and
2. lodged a police report against my mum.

Once again, we were hauled up and had to make several trips to IPD Shah Alam to have our statements taken.

It didn't stop there.

At the end of November 2010, my ex-wife did exactly the same thing... but this time on my two children. Her own flesh and blood!

My 6 year old son was interviewed on video (by my ex-wife) naked on bed and being asked to play with his private parts and describing how my mum purportedly touched his genetials.

My ex-wife swiftly brought my children and the video to a child psychiatrist. Being an experienced child psychiatrist, she immediately knew it was all fabricated and gave my ex-wife a good telling off.

Not satisfied with that, my ex-wife lodged a police report against my mum. That was the second time she did that against my mum, alleging the same offence. I was told that the police could see that it was all fabricated and was reluctant to open up an investigation paper. My ex-wife was obviously unhappy and proceeded to lodged a complaint with the Inspector General of the Police. The police had no choice but to reopen the case.

At the same time, the guy filed in another affidavit enclosing pictures and copies of the videos of my children and at the same time applied for an ex-parte injunction to

1. prohibit me and my mum from seeing his children; and
2. prohibit his 2nd ex-wife from bringing his children to see me and my mum

The injuction was on grounds that

1. my mum had purportedly assaulted him in public;
2. my mum had purportedly molested his children;
3. my mum and I had purportedly brain washed his children to despise him;
4. I had purportedly engaged in sexual activities with his 2nd ex-wife in front of his children; and
5. his 2nd ex-wife, my mum and I had practiced black magic

Sadly, and ridiculously, the injunction was granted in January 2011.

Proceed as planned

On 21 March 2011, my ex-wife filed an application at the Mahkamah Rendah Syariah Daerah Petaling to declare my previous marriage with her null and void. She argued that this would have an impact on the child custody proceedings as Section 86 of Enakmen Undang Undang Keluarga Islam (Negeri Selangor) 2003 states that the custody of illegitimate children goes to the mother and the mother's family.

On 6 April 2011, she filed an application to suspend all existing proceedings at the Mahkamah Tinggi Syariah Selangor di Shah Alam and Mahkamah Rendah Syariah Daerah Bandaraya Shah Alam until her application to declare our previous marriage null and void is concluded.

Since then

1. The child custody bicara or hearing has been put on hold
2. The nusyuz bicara has also been put on hold
3. The kes harta sepencarian (matrimonial assets) case management has been put on hold
4. All other ongoing case proceedings have been delayed

New mention dates were set for all the above cases.

Monday 27 June 2011, was the case mention for child custody, harta sepencarian, application to vary the existing interim custody order and the application to suspend all existing cases.

The above cases were called at approximately 9:40am. It rained that morning, hence everyone was late. I was the only one present.

I stood before the Honourable Judge and informed him that my legal counsel should be up shortly as he was downstairs at the parking lot. I told the Honourable Judge that I was prepared to either have the case called again or to proceed with the mention.

The Honourable Judge asked if I had any statements to make. This was my oppurtunity. I was on air!

I notified that Honourable Judge that my ex-wife had filed an application to suspend all case proceedings. It was only an application, and not a Court Order. Therefore, it was unreasonable to suspend all the case proceedings just because my ex-wife had filed the application.

I also informed that Honourable Judge that I had filed the harta sepencarian case 9 months ago. However my ex-wife had not even filed in her pembelaan or defence despite being repeatedly ordered to do so during the last 3 mention dates. Similarly, for my application to vary the interim custody order, my ex-wife had failed to file in her affidavit jawapan over the past 5 months. I made known to the Honourable Judge my regret for such unreasonable delays.

After hearing my complaints, the Honourable Judge decided to retime the mention and wait for my lawyer.

By the time the case was recalled at 10:45am, my legal counsel, my ex-wife and her legal counsel had arrived. My legal counsel repeated what I said to the Honourable Judge, adding that my ex-wife should be given a warning to enter her defence/file in her affidavits by the next mention date, and for the child custody hearing to continue.

My ex-wife's legal counsel objected to it on grounds that such proceedings may be just a waste of time.

The Honourable Judge then decided that

1. The child custody hearing is to continue
2. Both parties are to file in their hujjah for the application to suspend all case proceedings
3. A new mention date is to be set for the remaning two cases

I was relieved. I was not only relieved that the delays have been averted, but I was glad that there was some form of justice. Justice in the sense that the cases were not unreasonably delayed without a proper court order.