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"Hidup Memerlukan Seribu Pengorbanan"

"Hidup Memerlukan Seribu Pengorbanan"

Monday, July 7, 2014

APPLICATION CASE

CASE REVIEW OF APPLICATION CASE
SARESWATHY BINIT ABDULLAH @ SARESWATHY A/P SUBAMANIAM
In the matter of the application for dissolution of marriage by applicant because of the converted to Islam by Masutra Sareswathy Binti Abdullah @ Sareswathy D/O Subramaniam.

Facts:
Applicant Mastura binti Abdullah @ Sareswathy Sareswathy d/o Subramaniam has applied to this Court to dissolve her marriage with her ​​husband in sec. 46 (2) of the Islamic Family Law (State) 2003. The applicant is a Hindu at birth, but had converted to Islam on 23th January 2009, while the Petitioner's husband, Karisnan s /o Appoo remained Hindus.
The applicant was married to Karisnan s/o Appoo (No. K / P: A 8.05509) according to Hindu rites and registered under the Act to renew the Law Reform (Marriage and Divorce) Act 1976 under number 544 246 in the register of the National Registration Office of Negeri Sembilan on 30th May 1995.
During the marriage, the applicant and Karisnan do not have any baby. The relationship between the applicant and her husband, Karisnan not remain long. After the misunderstandings occur, the Applicant had left her husband and moved to Malacca which is approximately in November 2008. Since that date, the applicant no longer lives with her husband until now around 15 months.
According to the applicant, her husband does not give expenses (maintenance), often to gamble, and so cause the applicant to act out of their married quarters at jaw and lived separately in Malacca as no longer tolerate her behavior. Applicants live in Norbah Park, Bukit Melaka Serindit and worked as a 'cleaner' in an automobile company. Applicants working in the company up to a year before returning to Kuala Lumpur to take care of his elderly mother.
On 23 January 2009, the applicant has decided to convert to Islam and the conversion was confirmed registration before the Registrar Converts (registrar of Muallafs) Melaka Islamic Religious Council and registered with the register No. bills. #013-2009. The applicant was named as as Sareswathy Mastura binti Abdullah.[1]
As a result of conversion to Islam , the applicant has filed an application for dissolution of marriage under sec 46 ( 2) of the Islamic Family Law Act ( Negeri Sembilan ) in 2003 to dissolve her marriage with her ​​husband Karisnan s /o Appoo when her husband was still reluctant to embrace Islam .

Held:
After considering the application and the applicant based on the affidavit filed by the applicant and the witnesses and arguments presented, the Court is satisfied with this and decided that:
The marriage of Sareswathy Noor Mastura @ Sareswathy d/o Subramaniam Karisnan s /o Appoo (No. K / P : A 8.05509 ) had been convicted according to Hindu rites and registered under the Law Reform (Marriage and Divorce ) Act 1976 through the list no. 544 246 at the National Registration Office , Seremban , Negeri Sembilan dated 30th May 1995 .
The marriage was dissolved by the Islamic Family Law (Negeri Sembilan) in 2003 from today 1st April 2009 5th Rabiul Akhir 1430H accordance to the converted of Islam by  Sareswathy Noor Mastura @ Sareswathy d/o Subramaniam to Islam on 23th January 2009 with no following conversion to Islam by Karisnan s /o  Appoo .
Applicants Mastura binti Abdullah @ Sareswathy Sareswathy  d /o Subramaniam shall wait for the iddah period  for talak bain  divorce started today 3rd February 2009 at 18 Safar 1431H.[2]


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