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will this be considered as interfering with syariah courts?
the plot thickens…
Stay against Syariah proceedings http://www.thestar.com.my/news/story.asp?file=/2007/3/31/courts/17314381&sec=courts
By CHELSEA L.Y. NG
PUTRAJAYA: R. Subashini, who was told to go to the Syariah Court to fight for her matrimonial rights, obtained a temporary injunction from the Court of Appeal to preserve her civil rights pending her appeal to the Federal Court.
In a majority judgment, Justices Gopal Sri Ram, Suriyadi Halim Omar and Hassan Lah, who heard Subashini’s application yesterday, granted an injunction preventing her husband, who had converted to become a Muslim, from initiating or continuing with any proceedings in the syariah courts or converting their younger son. Justice Suriyadi dissented.
Subashini’s lead counsel Malik Imtiaz Sarwar had argued that the injunction was important because even if the Federal Court were to decide in her favour later, the judgment would be rendered academic if the husband, T. Saravanan, was allowed to get a final order of divorce from the syariah court first.
“All I am asking for is the preservation of status quo. The Syariah Court orders, if not stopped, will cause my client severe prejudice,” said Malik.
Justice Suriyadi then asked: “Has there been any attempt to convert the second child since the day we gave judgment?”
Malik: “Not that we know of. Perhaps my learned friend for the respondent can shed more light on this.”
Justice Suriyadi: “This is your case. You show me. I am looking at things in a rather clinical manner. You want an injunction you must show to me why it should be granted. I do not want to be set by external factors. I asked, are there any changes, and you said ‘No’. So, status quo is the same.”
Justice Sri Ram then asked Malik whether there was any custody issue involved, to which the counsel said that his client was a mother who would be deprived of her right to custody of her children if her husband succeeded.
Haniff Khatri Abdulla, who acted for Saravanan, then said the injunction bid was “another attempt to restrain the husband from reaping the fruits of a judgment in his favour”.
Haniff then said that the panel could not grant an injunction now since it had earlier affirmed the setting aside of an interim injunction granted to Subashini when it dismissed her appeal on March 13.
Haniff: “It amounts to the court reviewing its own decision.”
Justice Sri Ram: “Nonsense. This is a fresh application. We are not reviewing. We are asking you to prevent the husband from pursuing his case in the other court pending his wife’s appeal to the Federal Court.”
On March 13, the same panel had in a majority judgment ordered Subashini to battle out her divorce and custody claims at the Syariah Court.
Earlier on Sept 25 last year, Judicial Commissioner Aziah Ali set aside the injunction granted to 28-year-old Subashini a month earlier, which had enabled her to temporarily restrain Saravanan, 31, from commencing with the proceedings in the Syariah Court.
The couple, who has yet to finalise their divorce, has two children, Dharvin Joshua, three, and one-year-old Sharvin.
Saravanan, whose Muslim name is Muhammad Shafi Abdullah, claims that the elder child had converted to Islam with him in May.
Later yesterday, Subashini’s solicitor K. Shanmugam filed her application for leave to appeal to the Federal Court.
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