Court rejects father's appeal in child custody proceedings

In a landmark ruling, the High Court in Shah Alam has awarded sole custody of a child to R Thevitthra, following a lengthy legal battle that began during divorce proceedings in 2023.

The decision, made on May 17, 2024, was reached by a three-member panel, led by Chief Judge of Malaya Hasnah Hashim. The panel also included Justices Rhodzariah Bujang and Vazeer Alam Mydin Meera.

The ruling came after a series of court orders and appeals, with the High Court initially granting Thevitthra interim custody, allowing supervised visits for R Kannan twice a month. However, Kannan was accused of disobeying these orders and using the courts to keep the child away from Thevitthra.

In June 2024, a warrant of committal was issued against Kannan for continuing to disobey the custody orders. This was followed by the Court of Appeal awarding costs of RM10,000 against Kannan and striking out his appeal for being filed out of time in May 2024.

The Federal Court dismissed Kannan's bid to take the case further, and in May this year, the immigration authority rejected R Kannan's appeal, with the procedure terminated because the criteria for residence were not met.

Immigration records show that Kannan and the child left Malaysia on Nov 5, 2023. The child has been living in Dubai for nearly two years, with Thevitthra denied all contact. During one of these visits on Sept 2, 2023, Kannan allegedly drove off with the child.

R Thevitthra's lawyer, R Renuga, confirmed the decision, stating that Kannan had acted in bad faith by disobeying repeated custody orders. Sreedhara Naidu, Kannan's counsel, declined to comment.

The High Court, in its ruling, also ordered R Kannan to pay RM8,000 in costs. The child's return to Thevitthra marks the end of a long and contentious legal battle, giving Thevitthra the opportunity to rebuild her family life.