{"id":2267,"date":"2019-05-10T15:11:53","date_gmt":"2019-05-10T07:11:53","guid":{"rendered":"https:\/\/newmalaysiatimes.com\/?p=2267"},"modified":"2019-05-10T15:11:53","modified_gmt":"2019-05-10T07:11:53","slug":"man-jailed-in-contempt-of-court-for-failing-to-pay-child-support","status":"publish","type":"post","link":"https:\/\/newmalaysiatimes.com\/?p=2267","title":{"rendered":"Man jailed in contempt of court for failing to pay child support"},"content":{"rendered":"

KUALA LUMPUR, May 10 – The Kuala Lumpur High Court had on 8<\/span>th<\/span> May 2019 sentenced an ex-h<\/span>usband to prison for a period of 3 months after he was found to be in contempt\u00a0<\/span>of court for failing to pay maintenance and education fees for his children pursuant\u00a0<\/span>to a Decree Nisi Order obtained in 2011.<\/span><\/p>\n

Judge Dato’ Sri Mariana Binti Haji Yahya delivered the sentence of imprisonment <\/span>after finding Kanagasingam Kandiah, 62 had willfully and persistently been <\/span>in breach of orders made against him to pay maintenance payments to his <\/span>ex-wife and children.<\/span><\/p>\n

According to Counsel for the Petitioner, Dato’ Seri Rajan Navaratnam, as a result <\/span>of the persistent willful disobedience of the court orders by the ex-husband, the\u00a0<\/span>Petitioner wife had filed an application for leave to commence\u00a0<\/span>committal proceedings as a result of the ex-husband\u2019s continued refusal to pay maintenance payments and the children\u2019s school and education fees in accordance with the court orders, which had led to severe and grave hardship to the wife and children. <\/span><\/p>\n

Rajan urge the High Court to impose a custodial sentence so as to send<\/span>\u00a0strong and clear message that court orders given and in particular to cases <\/span>involving Matrimonial and Divorce Proceedings where the livelihood of dependents <\/span>are involved, must not be ignored and should not be disobeyed failing which it <\/span>would tantamount to the public losing confidence in the justice system and this <\/span>would additionally bring disrepute to the judicial institution.<\/span><\/p>\n

Disobeying court order is in contempt of court<\/strong><\/h5>\n
\"court\"
Lawyer Dato’ Sri Rajan Navaratnam<\/figcaption><\/figure>\n

\u201cThe Courts are the last bastion of hope for litigants and to allow the respondent a <\/span><\/i>lenient sentence would send the wrong message to the public at large that litigants <\/span><\/i>can willfully\u00a0disobey court orders with no severe repercussions. This would lead to <\/span><\/i>chaos in society and the public would lose hope and confidence in this country\u2019s\u00a0<\/span><\/i>honorable judicial institution.”<\/span><\/i><\/p>\n

\u201cBy imposing a custodial sentence, it would remind people that those who flout\u00a0<\/span><\/i>orders of the Court will face severe consequences as orders of court must be\u00a0<\/span><\/i>obeyed or else there would be a breakdown in the due administration of justice and\u00a0<\/span><\/i>there would be no respect for the law\u201d, <\/span><\/i>said Rajan in court.<\/p>\n

Judge Mariana after considering the offence committed by the <\/span>ex-husband and his plea in mitigation held that in the circumstances, the sentence <\/span>of imprisonment of 3 month was appropriate as the ex-husband\u2019s acts were <\/span>serious in that there was continued willful disobedience.<\/span><\/p>\n

Kanagansingam\u2019s counsel, Mr. Rajinder Singh Veeriah and Mr. Clinton Gomez had <\/span>sought for a stay of execution pending an appeal against the decision to impose a\u00a0<\/span>custodial sentence but this was objected to by Rajan on the basis that an appeal\u00a0does not automatically operate as a stay and further that there were no special\u00a0<\/span>circumstances or grounds put forth by the Respondent\u2019s counsels to warrant a stay\u00a0of execution. <\/span><\/p>\n

The judge dismissed the application for stay and accordingly, the respondent\u00a0<\/span>was taken to Kajang Prison to serve out his sentence.<\/p>\n

Good precedent to set for the benefit of suffering women and children<\/strong><\/h5>\n

Earlier this month, the Islamic Affairs Minister Dr Mujahid Yusof Rawa said that Putrajaya will form special shariah court with powers to force errant husbands to pay up alimony (nafkah) owed to their ex-wives in all Federal Territories. While\u00a0Islamic law is a state matter, Putrajaya hopes this court will serve as an example for other states, he said further.<\/p>\n

As for civil divorce cases, this case now serves as a precedent that parties whom willfully refuses to comply\u00a0<\/span>with court orders for maintenance payments may be sentenced for imprisonment.<\/p>\n

–NMT<\/strong><\/em><\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

KUALA LUMPUR, May 10 – The Kuala Lumpur High Court had on 8th May 2019…<\/p>\n","protected":false},"author":1,"featured_media":2274,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[524,38],"tags":[5431,5432,5429,5430,4829,1002],"class_list":["post-2267","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-nation","category-women","tag-child-support","tag-contempt-of-court","tag-high-court","tag-judge-mariana-yahya","tag-mujahid-yusof-rawa","tag-rajan-navaratnam"],"featured_image_urls":{"full":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2019\/05\/prison-bar-1.jpg",752,436,false],"thumbnail":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2019\/05\/prison-bar-1-150x150.jpg",150,150,true],"medium":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2019\/05\/prison-bar-1-300x174.jpg",300,174,true],"medium_large":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2019\/05\/prison-bar-1.jpg",640,371,false],"large":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2019\/05\/prison-bar-1.jpg",640,371,false],"1536x1536":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2019\/05\/prison-bar-1.jpg",752,436,false],"2048x2048":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2019\/05\/prison-bar-1.jpg",752,436,false],"newsium-slider-full":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2019\/05\/prison-bar-1.jpg",752,436,false],"newsium-featured":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2019\/05\/prison-bar-1.jpg",752,436,false],"newsium-medium":["https:\/\/newmalaysiatimes.com\/wp-content\/uploads\/2019\/05\/prison-bar-1.jpg",720,417,false]},"author_info":{"info":["Editor"]},"category_info":"Nation<\/a> Women<\/a>","tag_info":"Women","comment_count":"0","_links":{"self":[{"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=\/wp\/v2\/posts\/2267","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2267"}],"version-history":[{"count":5,"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=\/wp\/v2\/posts\/2267\/revisions"}],"predecessor-version":[{"id":2275,"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=\/wp\/v2\/posts\/2267\/revisions\/2275"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=\/wp\/v2\/media\/2274"}],"wp:attachment":[{"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2267"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2267"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/newmalaysiatimes.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2267"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}