Hamid Sultan JC:

This is my judgment in respect of the issue of jurisdiction to hear the petition filed by the petitioner who has embraced Islam nearly 20 years after the solemnisation of his marriage under the civil law. The respondent (wife) is still a non-Muslim.

The real issue before deciding the petition and granting the relief is to decide whether the civil court has jurisdiction in light of s 51 of the Law Reform (Marriage and Divorce) Act 1976 (‘LRA 1976’), which says that when one party to a marriage has converted to Islam, the other party who has not so converted may petition for divorce. The section reads as follows:

(1)Where one party to a marriage has converted to Islam, the other party who has not so converted may petition for divorce:

Provided that no petition under this section shall be presented before the expiration of the period of three months from the date of the conversion.

(2)The Court upon dissolving the marriage may make provision for the wife or husband, and for the support, care and custody of the children of the marriage, if any, and may attach any conditions to the decree of the dissolution as it thinks fit.

(3)Section 50 shall not apply to any petition for