Tuesday, Nov 27, 2012
KUALA LUMPUR - An engineer failed in his bid to commit his estranged wife to prison for denying him access to their 5-year old autistic son for a period of time.
Lim Sen Heng, 32, had made the application in the High Court here to commit Yeong Wai Teng, also 32, to prison for failing to adhere to two court orders dated April 9, 2010, and Dec 14, last year, which give him access to his son during weekends.
Yeong was granted custody, care and control of the boy by the High Court in April 2010.
Yesterday, judge Datuk Norani Abdul Rahman ruled that Yeong was not in contempt of the court order.
She said there was conflicting evidence of what happened on Dec 17 last year and the child had cried that day. Norani said that bearing in mind the child was autistic, he should be treated and handled with care.
She said that the father and his parents should take the child's autism into account to provide access in a reasonable manner.
The purpose of the hospital appointments, she said, was for both parties to learn how to handle the child and "they should have attended the sessions and persevered".
Henry Quah represented Yeong while Freda Santhiago appeared for Sen Heng.