Judgment

Nallini Pathmanathan FCJ (Majority):

[1] This is an application for leave to appeal under s 96 of the Courts of Judicature Act 1964 ("CJA") in respect of a decision handed down by the Court of Appeal on 22 January 2024.

Facts

[2] The applicant/respondent was married to Nagahswaran a/l Muniandy ( Nagahswaran ) on 25 May 2008. At the time of their marriage, both the applicant and Nagahswaran professed the Hindu religion; in the applicant's words, she followed the "Hindu-Buddha" religion. Their marriage was solemnised under the Law Reform (Marriage and Divorce) Act 1976 .

[3] The marriage resulted in the birth of twin daughters, Sulochana a/p Nagahswaran and Sulochini a/p Nagahswaran, on 7 November 2008, and a son, Thatchina Moorthi a/l Nagahswaran, born on 26 May 2011. The applicant affirmed that, at all material times, the three children professed the Hindu religion and had not converted to Islam.

[4] Between 3 March 2019 and 21 February 2022, the applicant was separated from her children due to Nagahswaran's actions, including physical abuse and forcing her to leave the matrimonial home.

[5] On 13 December 2019, the applicant filed a divorce petition at the Kuala Lumpur Hig