The Magistrates' Court holds jurisdiction over maintenance applications involving children born out of wedlock, affirming the application of the Married Women and Children (Maintenance) Act 1950.

There are two appeals before me involving the same parties. By consent they are heard together. In Rayuan Sivil No. R2-11-9-2000 the appellant Mohd. Hanif bin Farikullah is appealing against the whole decision of the Magistrate Court Kuala Lumpur given on 31 January 2000 dismissing with costs the appellant's application dated 7 September 1999 praying for a stay of execution of the order dated 20 March 1997 and also praying for a reduction of maintenance order from RM1,050 to RM200. In Rayuan Sivil No. R2-11-99- 1999 the same appellant Mohd. Hanif bin Farikullah is appealing against the whole decision of the Magistrate Court Kuala Lumpur given on 12 Jul 1999 dismissing with costs the appellant's application dated 24 November 1998 praying for setting aside the judgment in default dated 20 March 1997.

In the instant case the brief facts leading up to these appeals were that the appellant was married to the respondent on 6 October 1986. A son was born to the appellant and the respondent who was named Muhammad Osman bin Mohd. Hanif. (Paragraph 5 p. 43 of the Record of Appeal referred). Thereafter, the appellant commenced divorce proceedings against the respondent in the Syariah Subordinate Court in the Federal Territory in the Civil case No. 813/ 90. A divorce order was granted to the appellant on 23 October 1990. By the said order the appellant was ordered to pay maintenance for the son in the sum of RM50 per month. (Pages 49-50 of the Record of Appeal referred). After the divorce of the appellant and the respondent, the respondent gave birth to a baby girl on 6 October 1996 who was named Natasha bt. Mohd. Hanif ("the said baby girl"). (Paragraph 2, p. 3 of the Record of Appeal referred). After the birth of the said baby girl, the respondent filed an application for maintenance for the said baby girl at the Magistrate Court at Kuala Lumpur in Maintenance Case No. 78-1-97 claiming the maintenance for the sum of RM1,050 per month. (Page 1 of the Record of Appeal referred). In the absence of the appellant, the Court entered judgment against the appellant ("the said judgment") on 20 March 1997 for the sum of RM1,050 and ordered an attachment of salary dated 20 March 1997 against the appellant's employer for deduction of the appellant's salary. The appellant attempted to set aside the said judgment vide a notice of application dated 24 November 1998 but the said judgment was upheld by the magistrate on 12 July 1999. The appellant has appealed against the order dated 12 July 1999 vide Appeal No. R2-11- 99-99. (Paragraph 5 No. 4, pp. 31-32 Record of Appeal referred). Subsequently thereafter, the appellant made an application to reduce the maintenance sum of RM1,050 payable to the said baby girl vide a notice of application dated 7 September 1999. The magistrate dismissed the application on 31 January 2000.

The issues raised by the appellant before me are:

(i) Whether the Magistrate's Court has the jurisdiction to hear the respondent's application for maintenance of the said baby girl, having regard to the fact that both parties profess the religion of Islam; and

(ii) If this Honourable Court finds that The Married Women and Children (Maintenance) Act 1950 applies in this case, whether the Magistrate's Court has the jurisdiction to make an order giving maintenance to the said baby girl in a sum exceeding RM50 a month.

It is to be noted that one important effect of the amendment of art. 121 of the Federal Constitution by the inclusion of a new art. 121(1A) is to avoid for the future any conflict between the decisions of the Syariah courts and the Civil courts which had occurred in a number of cases before. (See Myriam v. Ariff , 1971 MarsdenLR 266 and Commissioner for Religious Affairs, Trengganu & Ors v. Tengku Mariam ; [1969] 1 MLJ 110). In Sukma Darmarwan Sasmitaat Madja v. Ketua Pengarah Penjara Malaysia & Anor ; [1999] 1 M