Subashini loses court case!

December 27th, 2007 by poobalan | View blog reactions Leave a reply »
 Subscribe in a reader | Subscribe by Email



As highlighted yesterday, the judges took the first option and threw out Subashini's case as invalid. This will cause her lawyers to file new case and more time is wasted.

More damaging, the converted idiot is allowed to convert his child as well. All of us must take note of this and ensure that any future convert's families are not left damaged and destroyed due to the irresponsible action of the convert.

This is a very damaging judgment and spells doom for people like Subashini who are cheated by cowardly spouses. In the future, the same situation may affect our own family members.

http://www.malaysiakini.com/news/76423

Federal Court throws out Subashini's case

Soon Li Tsin | Dec 27, 07 12:24pm

The Federal Court three-member panel today ruled against R Subashini on a legal technicality – that her divorce petition in the civil court was “premature and invalid”.

In a 2-1 decision, the country’s highest court said that Subashini’s divorce petition was prematurely filed under the Law Reform (Marriage and Divorce) Act 1976 (LRA).

According to the act, the wife can only file the petition after the expiration of three months from the date of the husband, T Saravanan’s conversion, as stipulated under Islamic law.

However, Subashini’s divorce petition was filed nine days before the three months expiration date. The divorce petition is deemed null and void.

Justices Nik Hashim Nik Ab Rahman and Azmel Ma'amor struck out Subashini’s case while Abdul Aziz Mohamad was the lone dissenting voice.

Subashini, 28, a Hindu, is trying to stop her husband, who has converted to Islam and assumed the name Muhammad Shafi Saravanan Abdullah, from taking matrimonial proceedings to the Syariah Court.

Her husband converted in May 2006 along with their eldest son, Dharvin Joshua, 4. The husband then launched proceedings in the Syariah court for divorce and custody of their second son, Sharvin, 2.

The Federal Court also ruled that Muhammad Shafi did not abuse the court process by converting his four-year-old son to Islam without the knowledge of the mother.

It said that according to Islamic law, only one parent should be informed for the conversion of a child.

The court also ruled that it was within the right of Muhammad Shafi as a Muslim to file the divorce proceedings in the Syariah Court.

Go to Syariah Court

During her appeal to the Court of Appeal on March 13, justices Suriyadi Halim Omar and Hassan Lah who made the majority 2-1 decision told her to take her case before the Syariah Court instead while Justice Gopal Sri Ram dissented.

According to the majority decision, the injunction sought by Subashini was unsustainable because the Syariah Court is competent enough decide on the matter.

However, on March 30, Subashini was granted an interim injunction by the Court of Appeal restraining Saravanan from pursuing his claims in the Islamic court.

The injunction also effectively restrained him from converting their Sharvin to Islam and from pursuing his custody claims in the Syariah court.

It was also held in the landmark ruling that a Muslim could apply to the Islamic court to convert his or her underage children without permission from the non-Muslim spouse.

Advertisement

1 comment

  1. Karna says:

    Famous law maxim, Justice delayed, Justice denied….
    But
    In Bolehland when BN GRO are soiling the bench what to accept!!!!!!