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2017 MarsdenLR 442

COURT OF APPEAL PUTRAJAYA
MADHUVITA JANJARA AUGUSTIN – Appellant
Versus
AUGUSTIN LOURDSAMY & ORS – Respondent


Petitioner Advocates:Ranee Sreedharan,Nurainie Haziqah Shafi ,Respondent Advocate: Maisarah Juhari

[1] The appellant, Madhuvita Janjara Augustin is a minor, aged 11. Her application before the High Court for amongst others, an order that she be re-registered by the 3rd respondent, the Registrar of Births And Deaths, with the status of a "Malaysian citizen" was brought on her behalf by her mother, her next friend. There were no objections to her other orders, that she is the lawful child of the 1st respondent, her father; that appropriate DNA tests be conducted to verify her blood ties with the 1st respondent and her mother. Those orders were consequently granted without event. However, her application that she was entitled to be declared a Malaysian citizen was objected to by the respondents and consequently, dismissed by the High Court.

[2] Upon full consideration, we unanimously allowed her appeal and granted the order sought. These are our reasons in full.

Brief Facts

[3] The appellant was born on 28 November 2005 at the Tengku Ampuan Rahimah Hospital at Klang. Her birth was duly reported to the authorities on 1 December 2005. The appellant's mother, Margaret Louisa Tan, holds a passport issued by the Government of Papua New Guinea. Her father, the 1st respondent, is a Malaysian

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