JUDGMENT

Faiza Tamby Chik J:

[1] Saman PemulaNo: S8-24-1727-2003 in encl (1) is an application by the plaintiff non-muslim wife (hereinafter referred to as the wife) for a declaration that the conversions of her two children Saktiswaran, 3 1/2 and Theiviswaran 2 1/2 years old (hereinafter referred to as the minors) by the 1st defendant muslim husband (hereinafter referred to as the husband) is null and void on the following grounds:

(i) That the conversions were made without the knowledge and the consent of the wife, the natural mother of the minors;

(ii) That the wife, as the natural mother of the minors has the right to determine the religion of the minors under art 12(4) of the Federal Constitution;

(iii) That the wife, who obtained an interim order dated 17 April 2003 from this court has the equal right to determine the religion of the minors under s 5 of the Guardianship of Infant Act 1961 (hereinafter referred to as Act 351).

[2] The two minors were converted to Islam by the husband on 25 November 2002 (see the temporary statutory conversion to Islam certificates under registration Nos 683/202 and 684/2002 both dated 28 December 2002 respectively). The husband converted to Islam on