{"id":93,"date":"2007-04-03T08:00:28","date_gmt":"2007-04-03T00:00:28","guid":{"rendered":"http:\/\/poobalan.com\/blog\/born-in-malaysia\/2007\/04\/03\/subashini-files-appeal-to-federal-court-the-sun-version\/"},"modified":"2007-04-03T08:00:28","modified_gmt":"2007-04-03T00:00:28","slug":"subashini-files-appeal-to-federal-court-the-sun-version","status":"publish","type":"post","link":"https:\/\/poobalan.com\/blog\/borninmalaysia\/2007\/04\/03\/subashini-files-appeal-to-federal-court-the-sun-version\/","title":{"rendered":"Subashini files appeal to Federal Court (The Sun version)"},"content":{"rendered":"<p>      <STRONG><U><FONT color=\"#800080\"><\/FONT><\/U><\/STRONG> <P>Subashini files appeal to Federal Court<\/P> <P><FONT face=\"Arial\" size=\"2\"><A href=\"http:\/\/www.sun2surf.com\/article.cfm?id=17482\">http:\/\/www.sun2surf.com\/article.cfm?id=17482<\/A><\/FONT><\/P> <P><FONT face=\"Arial\" size=\"2\"><\/FONT><BR><FONT size=\"2\">PUTRAJAYA (April 2, 2007): A  Hindu housewife, who was told to go to the Syariah Court to fight for her  matrimonial rights, wants the Federal Court to decide whether the High Court has  exclusive jurisdiction to grant a civil divorce to a couple, where one spouse  has converted to Islam.<\/P> <P>This was one of the nine questions of law contained in R.Subashini\u00c2\u2019s  application for leave for the Federal Court to determine.<\/P> <P>Subashini had filed for leave from the Federal Court to appeal against the  Appellate Court\u00c2\u2019s 2-1 majority decision on March 13, telling her to battle out  her divorce and custody claims in the Syariah Court.<\/P> <P>On that day, the Court of Appeal rejected the former secretary\u00c2\u2019s appeal  against a High Court decision last Sept 25, setting aside the exparte injunction  order granted to her to restrain T.Saravanan, 31, from commencing proceedings in  the Syariah Court to dissolve their marriage and to convert their second  son.<\/P> <P>The 28-year-old woman filed the leave application together with a certificate  of urgency through law firm Kanesalingam and Co. last Friday (March 30,  2007).<\/P> <P>It will be the end of the road for Subashini if she fails to get leave from  the Federal Court to appeal. If that happens, the Court of Appeal decision would  be final, reports Bernama today.<\/P> <P>Last Friday, Subashini obtained a temporary injunction from the Court of  Appeal preventing Saravanan from initiating or continuing with any proceedings  in the Syariah Court or converting their younger son pending the hearing of her  leave application.<\/P> <P>Among the other questions proposed for the Federal Court\u00c2\u2019s determination:<\/P> <UL>   <LI>whether it is an abuse of process for a spouse in a civil marriage to    unilaterally convert the religion of a minor child without the consent of the    other parent; and    <LI>whether Article 121 (1A) of the Federal Constitution prevents the High    Court from granting interim injunctions, where the abuse of process is    effected at the syariah court through unconstitutional and jurisdictionally    incompetent filing of proceedings in the syariah courts and unilateral    conversion of a minor child from a civil marriage, by the converted    spouse.<\/LI><\/UL> <P>Article 121 (1A) states that the civil courts do not have jurisdiction over  matters within the jurisdiction of the syariah courts which, constitutionally,  only has jurisdiction over Muslims.<\/P> <P>The couple, who have yet to finalise their divorce, have two children,  Dharvin Joshua, three, and one-year-old Sharvind.<\/P> <P>Saravanan, whose Muslim name is Muhammad Shafi Abdullah, had claimed that the  elder child had converted to Islam with him in May last year.<\/P> <P>In seeking an early hearing, Subashini gave the following grounds:&nbsp;<\/P> <UL>   <LI>the issues raised in the leave application pertained to the imposition of    Islamic law on non-Muslim citizens, which fundamentally affects the lives of    the entire non-Muslim community;    <LI>the leave application raised issues regarding the relationship between the    Civil High Courts and Syariah Courts established by various state legislatures    which will have a significant impact on the proper functioning of the judicial    arm of the government and the maintenance of the rule of law in  Malaysia<\/LI><\/UL><\/FONT><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Subashini files appeal to Federal Court http:\/\/www.sun2surf.com\/article.cfm?id=17482 PUTRAJAYA (April 2, 2007): A Hindu housewife, who was told to go to the Syariah Court to fight for her matrimonial rights, wants the Federal Court to decide whether the High Court has exclusive jurisdiction to grant a civil divorce to a couple, where one spouse has converted [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[43,92,24,225,302,44],"class_list":["post-93","post","type-post","status-publish","format-standard","hentry","category-borninmalaysia","tag-cfm","tag-conversion","tag-mic","tag-politicians","tag-religion","tag-subashini"],"_links":{"self":[{"href":"https:\/\/poobalan.com\/blog\/wp-json\/wp\/v2\/posts\/93","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/poobalan.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/poobalan.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/poobalan.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/poobalan.com\/blog\/wp-json\/wp\/v2\/comments?post=93"}],"version-history":[{"count":0,"href":"https:\/\/poobalan.com\/blog\/wp-json\/wp\/v2\/posts\/93\/revisions"}],"wp:attachment":[{"href":"https:\/\/poobalan.com\/blog\/wp-json\/wp\/v2\/media?parent=93"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/poobalan.com\/blog\/wp-json\/wp\/v2\/categories?post=93"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/poobalan.com\/blog\/wp-json\/wp\/v2\/tags?post=93"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}