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2012 MarsdenLR 808

SYARIAH APPEAL BOARD SINGAPORE
AK – Appellant
Versus
AL – Respondent


Table of Content
1. court observes rights and procedures in appeals related to divorce and custody. (Para 10 , 11)
2. legal interpretation of leave applications under s35a amla is clarified. (Para 12 , 15 , 18)
3. concurrent jurisdiction of civil and syariah courts clarified. (Para 16)
4. civil courts cannot vary syariah court’s ancillary orders. (Para 17)
5. husband’s actions indicate acceptance of syariah court decisions. (Para 23 , 24)
6. allegations of bias are unfounded; emotional issues need resolution. (Para 40 , 45)
7. wife's appeal allowed; previous decision set aside. (Para 46)
Decision Of the Board

[10] We note that since the enactment of s 35A AMLA in 1999, applications have been made to the Syariah Court for leave to commence or to continue civil proceedings involving disposition or division of property on divorce or custody of children. We are aware of two applications, ie, Applications Nos 23895/CC/1 and 33882/CC/01, where such leave was granted. However, there are no Grounds of Decision given in both cases and no appeal has been lodged in respect of the granting of leave. Neither are there Grounds of Decision or appeal lodged in those cases where leave was not granted. The p

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