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2024 MarsdenLR 481

HIGH COURT MALAYA KUALA LUMPUR
MARIYAH KALAYARASI ABDULLAH & ORS – Appellant
Versus
PENGERUSI TETAP PERTUBUHAN KEBAJIKAN ISLAM MALAYSIA (PERKIM) BA.... – Respondent


Petitioner Advocates:Amanda Sonia Mathew,Pavitra Loganathan,Sach Preetraj Singh,Rajesh Nagarajah ,Respondent Advocate: Zulkifli Che Yong,Muhamad Ikmal Ibrahim

JUDGMENT

Roz Mawar Rozain JC:

Introduction

[1] The 1st plaintiff is the mother of the 2nd to 4th plaintiffs. Together, on 7 December 2022, they had filed this action seeking declarations that the 1st plaintiff's conversion to Islam is invalid and consequently, the 2 nd to 4th plaintiffs, being her children, are not Muslims, as their status follows that of their mother. The 1st plaintiff contended that she never converted to Islam voluntarily. She claimed that any records that show otherwise were obtained through duress by her then-husband, Mohd Talib bin Abdullah @ Ganasegaran a/l Apalanaidu (Ganasegaran). It is the plaintiffs' case that they profess the Hindu faith and have never practiced Islam.

[2] The 1st defendant did not enter appearance, so the plaintiffs had moved this Court to enter a judgment in default of its appearance and the absence of its filing in Defence. Because the orders sought are declaratory in nature, this Court decided on 10 July 2023 (at the hearing of the plaintiffs' application) to enter its judgment against the 1st defendant at the end of trial.

[3] The 2nd defendant disputed the plaintiffs' claim and contended that, based on various official records, includi

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