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2025 MarsdenLR 2944

FEDERAL COURT PUTRAJAYA
PENDAFTAR MUALAF NEGERI PERLIS & ORS – Appellant
Versus
LOH SIEW HONG & ANOTHER APPEAL – Respondent


Petitioner Advocates:Mohd Radhi Abas,Ainul Wardah Shahidan ,Respondent Advocate: Srimurugan Alagan,Shamsher Singh Thind,Gunamalar Joorindanjn,Thian Yee Chin

Table of Content
1. marital and guardianship facts regarding children (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10)
2. arguments on constitutional interpretation (Para 11 , 12 , 14 , 19 , 20)
3. court's reasoning on unilateral conversion legality (Para 13 , 15 , 16 , 17 , 18 , 21 , 22 , 23 , 25)
4. outcome of unilateral minor conversion (Para 24)
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 th

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