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2005 MarsdenLR 2299 ; 2005 MarsdenLR 1

SYED AHMAD HELMY
NEDUNCHELIAN V UTHIRADAM – Appellant
Versus
NURSHAFIQAH MAH SINGAI ANNAL – Respondent


Advocates:
For the plaintiff - Gobind Singh Deo; M/s Karpal Singh & Co
For 1st defendant - Zainab Jan (Ungku Mohsin with her); M/s Ungku Mohsin & Zainab Jan
For the 6th, 8th & 10th defendants - Yaakob Sam SLA
For the 9th defendant - Kamaludin Mohd Said SFC

JUDGMENT

Syed Ahmad Helmy JC:

The plaintiff herein who is the husband of the 1st defendant filed an application in encl. 4 seeking the following principal reliefs, the English translation of which reads as follows:

1. A declaration that the four minor children, cited as the second, third, fourth and fifth defendants is and was at all material times of the Hindu faith.

2. A declaration that the pronouncement by the 9th defendant that the second, third, fourth and fifth defendants have been converted to the religion of Islam is invalid void and contrary to law.

3. A declaration that the orders made by the 7th defendant dated 22 April 2003 to the extent of its applicability to the plaintiff, the second, third, fourth and fifth defendant is invalid and void and does not bind the second, third, fourth and fifth defendants.

4. Injunction restraining the 7th defendant and/or the first defendant from continuing with the proceeding in Mahkamah Tinggi Syariah Johor Bahru. Kes Mal Bil. 01.100.099.41 Tahun 2003 and execution of the earlier orders made in the proceedings against the second, third, fourth and fifth defendants.

The plaintiff also by encl. 3 applied by way of summons-in-chambers f

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