Jeffrey Tan J:

In this application by the natural mother (plaintiff) for a declaration that she is the lawful guardian and entitled therefore to the custody and care of her illegitimate infant child (child), a preliminary objection was raised as to the jurisdiction of the court to entertain this application under the Guardianship of Infants Act 1961 (GIA).

According to Mr RR Mahendran for the defendant (natural father), the plaintiff should proceed by way of wardship proceedings. Learned counsel cited the case of Balasingam & Paravathy, Infants Kannanmah v. Palani [1970] 2 MLJ 75 where Raja Azlan Shah J. (as HRH then was) held that the court has no jurisdiction to entertain an application by the natural mother for the custody of her illegitimate children. There the court reasoned, (i) thats. 27 of the CLA 1956provides "In all cases relating to the custody and control of infants, the law to be administered shall be the same as would have been administered in like cases in England as the date of the coming into force of this Ordinance, regard being had to the religion and customs of the parties concerned, unless other provisions is or shall be made by any other written law",