JEYARINE MONICA JOAN POOBAL ROYAN v KUMARESAN A/L SOUNDARARAJAN

Case Significance

Illustrates how the courts apply the welfare principle in fixing guardianship, care and control and a periodic maintenance sum with a built-in increment, and the award of maintenance arrears from the date a parent's consistent support lapsed.

This High Court decision at Shah Alam, in the Family Division and delivered by Julie Lack J, concerns consolidated applications by a married couple over the guardianship, custody, care and control, and maintenance of their young child. The proceedings were brought under the Akta Penjagaan Kanak-Kanak 1961 (the Guardianship of Infants Act 1961) and the Akta Memperbaharui Undang-Undang (Perkahwinan dan Penceraian) 1976 (the Law Reform (Marriage and Divorce) Act 1976), the two originating summonses having been consolidated by an earlier order. The mother, as plaintiff in the first summons, sought various reliefs including sole guardianship and custody as well as care and control of the child, limited access for the father, and child maintenance including arrears; the father sought his own reliefs concerning guardianship and access in the consolidated summons.

The Court's overarching concern was the welfare of the child. It considered the parties' living arrangements — they had lived apart intermittently since the child's birth and separated permanently in February 2023 — and the pattern of financial support, noting that for much of that period the father had not contributed consistently to the child's maintenance and only began making regular payments in May 2024, while the mother had borne the entire financial burden of the child's day-to-day and medical expenses.

On the evidence the Court made orders providing for guardianship and for the care and control of the child, and fixed the quantum of maintenance. It considered an increment of 5% every two years to be reasonable and proportionate to the cost of raising a young child, that arrangement to remain in force pending the disposal of any future divorce proceedings, when the quantum might be reviewed or varied on proof of a material change in circumstances. The Court also allowed the mother's claim for arrears of maintenance, to take effect from February 2023 at the rate of RM1,500 per month, less amounts already paid by the father, and ordered the parties to bear their own costs. The judgment is a useful illustration of how the courts apply the welfare principle in fixing guardianship, care and control and a periodic maintenance sum with a built-in increment, and of the award of maintenance arrears from the date a parent's consistent support lapsed.