JUDGMENT

Nor Bee Ariffin JCA:

Introduction

[1] This appeal raises an important issue on the construction of s 13A(1) of the Births and Deaths Registration Act 1975 (Act 299) regarding the right of the parents to the use of surname in the case of a legitimate child.

[2] The child in this case is the second child of the appellant and the respondent. His name carries his mother's surname. His elder sister HEV, uses the surname of the father.

[3] The appellant and the respondent were married on 30 March 2013. HEV was born on 30 October 2013, TJH on 17 January 2016. The parties initially filed a Joint Petition to dissolve the marriage on 10 September 2015 in Kuantan High Court but the Joint Petition was withdrawn. The appellant subsequently filed the Divorce Petition dated 12 January 2016 in Kuala Lumpur High Court on 21 January 2016, about 4 days after she gave birth to TJH. The Divorce Petition showed that she and the respondent had lived separately since September 2015. She alleged that that her husband has committed adultery with the second respondent.

[4] When TJH was born, the appellant registered her son's name using her surname.

[5] Their marriage was dissolved pursuant to the Decree