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2022 MarsdenLR 776

HIGH COURT MALAYA SEREMBAN
RATNA DEWI HISHAM LOUIS & ANOR – Appellant
Versus
JABATAN PENDAFTARAN NEGARA & ANOR; MAJLIS AGAMA ISLAM NEGERI SEMBI.... – Respondent


Petitioner Advocates:GK Ganesan,Karthigesan Shanmugam,Kanagavalli Krishnamoorthy,Thamayanthy Rajasekaran ,Respondent Advocate: Farah Shuhada Ramli

JUDGMENT

Azizul Azmi Adnan J:

Introduction

[1] This case involved an application to amend the records of the National Registration Department as they pertain to a three-year old child, who is the son of the applicants.

Material Facts

[2] The facts of this case, in so far as they are material to the determination of its merits, are not in dispute. They are as follows.

[3] The first applicant, Ms Ratna Dewi binti Louis Hisham is Muslim. The second applicant, Mr Devan Appadurai, is Hindu. They are in a relationship. They had undergone a traditional marriage ceremony, but is not in material dispute that this marriage is not one that is recognised by the law. Their child was born out of this relationship in March 2019. That Mr Devan Appadurai is the father has been established by a DNA paternity test.

[4] Ms Ratna Dewi applied to register the birth of her son. The birth certificate issued by the National Registration Department (who are the first respondents) recorded the following details:

[5] On 27 February 2020, Ms Ratna and Mr Devan applied to correct the details in the birth certificate of their son. The amendments that they wished to make were (in gist):

(a) to add the name of Mr Devan as


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