Convert’s Wife Loses Appeal in 2-1 Judgment

March 22, 2007

Source: The Star

PUTRAJAYA: A woman, who is trying to prevent her Muslim-convert husband from dissolving their marriage in the Syariah Court and converting their second son, will have to state her case there, the Court of Appeal ruled.

In a 2-1 majority decision, Court of Appeal judges Justices Suriyadi Halim Omar and Hasan Lah dismissed R. Subashini's appeal against the High Court’s decision to set aside the injunction granted her last year to enable her to temporarily stop T. Saravanan from commencing with the proceedings in the Syariah Court regarding their marriage and conversion of their children.

Court of Appeal presiding judge Justice Gopal Sri Ram dissented.

Justice Hasan, in his written judgment, said Subashini should seek relief in the Syariah Court, to make a ruling on the legality of her husband's application and the injunction obtained by him.

She could do so on the grounds that the Syariah Court has no jurisdiction over the matter as she was not a person professing Islam, he said.