Harun Bin Mahmud Hashim SCJ:

This was an application in the High Court to set aside an ex-parte interim injunction and another application to strike out the plaintiff's writ and statement of claim. Both applications were heard together when the Court's jurisdiction was challenged. The learned Judge determined that the following questions were before the Court:

(a) whether the Court has jurisdiction to adjudicate on the plaintiff's action since it involves a matter which falls exclusively within the jurisdiction of the Syariah Court; and (b) whether the plaintiff could institute the present action against the defendant when s. 9(2) of the Married Women Ordinance 1957 prohibited a wife from suing her husband in tort.

In the event the learned Judge held that he had jurisdiction and that s. 9(2) of the Married Women Ordinance did not apply. The defendant appeals against these rulings. The applications proper have yet to be heard on the merits.

The plaintiff and defendant are Muslims. They were married on 5 August 1965 at Batu Pahat in the State of Johor which marriage was registered by the Jabatan Agama Johor on 9 August 1965 . On 3 March 1989 the plaintiff (wife) petitione