Back
2025 MarsdenLR 4964
HIGH COURT MALAYA KUALA LUMPUR
MURALEE YS MENON – Appellant
Versus
KETUA PENGARAH JABATAN PENDAFTARAN NEGARA; FARHANA FARHAN MENON & ORS (INTERVENE.... – Respondent
[Originating Summons No: WA-24NCvC-3182-08/2024]
The court ruled that JPN lawfully recorded the name provided during birth registrations and that declarations regarding religious status must be sought from appropriate religious authorities.
Headnote:(A) National Registration Act 1959 - Sections 5 and 6(2)(o) - National Registration Regulations 1990 - Regulations 10 and 14 - Plaintiff sought declarations regarding name change and religious status - Court found that the plaintiff did not submit an application to change his name and JPN's act of recording a different name was lawful - Court dismissed prayers for removal of name from records and declaration of religious status. (Paras 1, 3, 17, 57)
(B) Jurisdiction - The Court noted that JPN is not the appropriate party to determine religious status, which falls under the purview of religious authorities. (Paras 43, 45)
Facts of the case:
The plaintiff filed an application seeking various declarations, including that he did not change his name and is not a Muslim, while JPN admitted no application was made to change the name. (Paras 1-3, 4-12)
Findings of Court:
The Court allowed prayer (1) while dismissing prayers (2), (3), (4), and (5) due to lack of merit and jurisdictional issues. (Paras 57)
Issues: Whether JPN acted unlawfully in recording a name and whether the Court has jurisdiction to declare the plaintiff's religious status. (Paras 23, 43)
Ratio Decidendi: The Court held that JPN acted within its powers as the name recorded was provided during birth registrations and that declarations regarding religious status should be sought from the appropriate religious authorities. (Paras 33, 45)
Result: Prayer (1) allowed; prayers (2), (3), (4), and (5) dismissed.
| Table of Content |
|---|
| 1. plaintiff's application details (Para 1 , 2) |
| 2. background facts of the plaintiff's identity and marriage (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. court's acknowledgment of jpn's admission (Para 18 , 19 , 20) |
| 4. arguments on the legality of jpn's actions (Para 21 , 22 , 23) |
| 5. evidence regarding name recording in jpn's records (Para 24 , 25 , 26 , 27) |
| 6. court's reasoning on the presumption of regularity in official acts (Para 28 , 29 , 30 , 31 , 32 , 33) |
| 7. impact of birth records on legal identity (Para 34 , 35 , 36) |
| 8. plaintiff's claim on religious status (Para 38 , 39 , 40) |
| 9. court's view on jurisdiction regarding religious status (Para 41 , 42 , 43) |
| 10. evidence of plaintiff's conversion to islam (Para 44 , 45 , 46 , 47) |
| 11. interpretation of legal provisions on muslim status (Para 48 , 49) |
| 12. locus standi of interveners in the proceedings (Para 52 , 53 , 54) |
| 13. court's final orders and conclusions (Para 57) |
Introduction
[1] The plaintiff filed an application vide an originating summons pursuant to:
(a) Sections 5 and 6(2)(o) of the National Registration Act 1959,and
(b) Regulations 10 and 14 of the National Registration Regulations 1990 .
The plaintiff subsequently amended the originating summons ("Amended OS") to include a prayer for a declaration that he is not a Muslim.
[2] In the Amended OS, the plaintiff sought the following reliefs against the defendant ("JPN"):
(1) a declaration that the plaintiff, Muralee a/l Y.S. Menon (No. KIP: 620121-10-6213), did not submit any application to the National Registration Department of Malaysia ("JPN") to change his name,
(2) a declaration that JPN's act of inserting the name "Farhan Menon Abdullah" (No. K/P: 620121-10-6213) into its internal records and official system was invalid,
(3) an order directing JPN to update all internal records and computer systems by deleting and/or cancelling the name "Farhan Menon Abdullah" from all its internal records as well as the official and unofficial records and computer systems,
(4) an order directing JPN to provide written confirmation to the plaintiff, within two (2) days from the date of this order, verifying that the name "Farhan Menon Abdullah" has been deleted from all official and unofficial internal records and computer systems,
(5) a declaration that the plaintiff, Muralee a/l Y.S. Menon (No. K/P: 620121-10-6213), is not a Muslim.
[3] Upon careful perusal of the Amended OS and the affidavits, examining the documentary evidence and considering the submissions advanced by all parties, I found that prayer (1) of the Amended OS should be allowed. However, I found no merits for prayers (2) through (5) and I accordingly dismissed them.
Brief Background Facts
[4] The plaintiff is the holder of a Malaysian identity card bearing the number 620121-10-6213. On 15 March 1994, he signed a document which certified that he adopted Islam as his religion. This document was issued by the Islamic Cultural Centre in London. In this document, his name was recorded as "Menon Muralee (Farhan Abdullah)".
[5] Approximately two weeks later on 28 March 1994, the plaintiff married the 3rd intervener. The marriage took place in England. According to the marriage certificate, the marriage was solemnized and registered under both civil law in accordance with the Marriage Act 1949 (England) and under Islamic Shari'ah law at the London Central Mosque. The civil marriage certificate was assigned the number WK 215177 and this number was also referenced in the Islamic Contract of Marriage document.
[6] Two children were born from this marriage. The 1st intervener was born on 16 December 1994 while the 2nd intervener was born on 26 May 1996. The birth certificates of both children recorded their father's name as "Farhan Menon bin Abdullah" and reflected the same identity card number as that of the plaintiff, namely 620121-10-6213.
[7] The marriage between the plaintiff and the 3rd intervener later broke down. As a result, the plaintiff c
