Subashini vs Saravanan update December 27th, 2007

12.05pm: Azmel FCJ concurs with Nik Hashim. Wife’s appeal dismissed by 2-1 majority.

12.03pm: Abdul Aziz allows substantive appeal by wife and also allows injunction except confirmation of conversion. But injunction applies in re husband seeking ancillary relief.

11.59am: High Court could and should have granted injunction against Syariah court to stop abuse of process and undermining divorce petition under section 51 of the 1976 Act. While conversion of child is valid injunction should be granted to stop conversion until objection by wife is heard and it is granted.

11.52am: Aziz FCJ said his judgment 110 pages long and so he is going to summarise it. Question of date of husband’s conversion needs to be tried. High Court has exclusive jurisdiction over civil marriage even though husband has converted. It’s abuse of process to file custody proceedings in Syariah courts in re civil marriage as those courts have no jurisdiction.

11.45am: Conversion of eldest son valid. Not abuse of process. Wife’s appeal dismissed with costs. Datuk Abdul Aziz’s judgment being read now.

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