Case Citation

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Topics: Marriage
CASE CITATOR

A reference to a case in a reading list which will consist of the name(s) of the Plaintiff(s) and the Defendant(s) together with the details of where the case is reported.

Shamala a/p Sathiyaseelan v Dr Jeyaganesh a/l C Mogarajah [2004] 2 MLJ 241
How to read case law

SHAMALA A/P SATHIYASEELAN V DR JEYAGANESH A/L C MOGARAJAH

[2004] 2 MLJ 241
ORIGINATING SUMMONS NO S8-24-3586 OF 2002
HIGH COURT (KUALA LUMPUR)
DECIDED-DATE-1: 11 SEPTEMBER 2003.
FAIZA TAMBY CHIK J

CATCHWORDS:
Civil Procedure - Contempt of court - Order of commital, application for - Committal proceedings - Whether all procedural rules have been complied with

Family Law - Marriage - Validity of - Matrimonial matters - Husband and wife non-Muslim at date of marriage - Husband converted to Islamic faith - Whether committed a matrimonial offence - Whether defendant can file a divorce petition against his unconverted wife - Whether defendant's obligation under Hindu marriage extinguished - Law Reform (Marriage and Divorce) Act 1976 s 51

Islamic Law - Custody - Children - Husband converted to the Islamic faith - Interim civil court order - Hadanah order issued giving custody to husband - Whether binding on non-Muslim wife - Whether it changes the status of the interim civil court order

Islamic Law - Jurisdiction - Syariah Court - Challenge to jurisdiction - Correct approach - Syariah Court issuing a warrant or summon - Whether enforceable against non-Muslims - Whether enforceable against Muslims in another State - Reciprocal arrangements between Syariah Courts

HEADNOTES:
The plaintiff and the defendant were both Hindus at the time of their marriage in 1998. There were two children from the marriage. The defendant converted to the Islamic faith on 19 November 2002 and the two children were converted to the Islamic faith on 25 November 2002 by the defendant alone. Eventually through a sequence of events, the marriage broke down. On 18

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