JUDGMENT

Wan Ahmad Farid Wan Salleh J:

[1] This is a leave application for judicial review.

[2] On 4 May 2017, the applicant filed a summons at the Kuala Lumpur Syariah Subordinate Court ("MRS Kuala Lumpur") against his second wife, Justynn Cassandra binti Mohamad Firdaus ("Justynn"), under s 59 of the Islamic Family Law (Federal Territories) Act 1984 for nusyuz ("the nusyuz summons").

[3] Barely two weeks after the filing of the nusyuz summons by the applicant, Justynn filed an application at the MRS Kuala Lumpur for an order for confirmation of divorce ("the first divorce summons").

[4] When the nusyuz summons came up for mention on 11 September 2017, the presiding Judge, Tuan Izzat Syazli bin Murshid ("Tuan Izzat"), ordered that the first divorce summons to be disposed of first. He also ordered for the hearing of the nusyuz summons be stayed. Aggrieved by the said order, the applicant filed an application for review at the Kuala Lumpur Syariah High Court ("MTS Kuala Lumpur").

[5] The applicant's review application was allowed by the MTS Kuala Lumpur. It made a consequential order for the nusyuz summons to be heard and disposed of first before another Judge.

[6] Pursuant to the said d