BUSINESSMAN T. Saravanan and clerk R. Subashini were married on July 26, 2001 and registered their union under the Law Reform (Marriage and Divorce) Act 1976.
He converted their older son, Dharvin Joshua, and attempted to convert their youngest son, Sharvind.
A week later, he applied to the Kuala Lumpur Syariah Court to dissolve his marriage and obtain custody of the children.
Upon hearing Shafi's pending application at the syariah court, Subashini filed a petition at the Kuala Lumpur High Court on Aug 4 to dissolve their marriage and to obtain custody of the children and maintenance.
Subashini filed for an injunction to stop Shafi from dissolving their civil marriage at the syariah court and prevent Sharvind's conversion.
On Dec 27, 2007, the Federal Court, in a majority ruling, dismissed Subashini's appeal to restrain Shafi from going to the syariah court on grounds her divorce petition was filed prematurely. It was filed two months and 18 days after Shafi's conversion.
The apex court said Section 51 of the Law Reform stated where a spouse had converted to Islam, the other spouse could only file a divorce petition three months after the conversion.
The Federal Court ruling is the judicial pronouncement followed by lower courts at present. It observed that:
- a parent who has embraced Islam can convert underage children without consulting the other spouse.
- the civil court and syariah court has equal jurisdiction following amendment to Article 121 (1A) of the Federal Court on June 10, 1988. So, a High Court cannot restrain a syariah court order as that amounts to an interference.
- a non-Muslim spouse can go to the civil court to file a divorce and obtain other ancillary relief.- NST
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