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2024 MarsdenLR 2579

HIGH COURT MALAYA MELAKA
MOHD RADZI ABDUL HAMID, J
DDL & ANOR – Appellant
Versus
PENDAFTAR BESAR KELAHIRAN DAN KEMATIAN MALAYSIA – Respondent


Petitioner Advocates:Pramod Nambiar ,Respondent Advocate: Zairani Tugiran

JUDGMENT

Mohd Radzi Abdul Hamid J:

Introduction

[1] This is the grounds of decision of this Court in respect of an application filed by the 1st and 2nd Plaintiffs acting on their behalf and as litigation representatives of a minor child named RAPD (name redacted to maintain anonymity) ('Child') for a principal order under para 1 of encl 37 that the Child be declared a citizen of Malaysia pursuant to the operation of art 14(1)(b) read together with s (1)(a) under Part II and s 19B under Part III of the Federal Constitution (' FC ') or alternatively, pursuant to the operation of art 14(1)(b) read together with section (1)(e) and 2(3) under Part II of the Second Schedule of the ('Application'). In addition to that principal order, the Plaintiffs further seek relevant consequential orders as set forth in paras 2, 3, 4 and 5 therein.

Background Facts

[2] The Child was born on 14 March 2019 to a woman known as DMPK ('the Biological Mother') at Hospital Sultanah Nora Ismail, Batu Pahat in the State of Johore. Some 8 months later, on or about 24 November 2019, both Plaintiffs were informed of the Biological Mother's desire to give up the Child for adoption. An agreement was struck on the

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