Abdul Wahab Patail JCA (Delivering judgment of the court)

[1]We adjourned this appeal for decision today so that time is given us to fully appreciate the issues raised by all parties. Thus we now give our grounds.

[2]The appellant herein, Kaliammal a/p Sinnasamy (‘the appellant’) is the wife of Moorthy a/l Maniam deceased (‘the deceased’) who died on 20 December 2005. On the very next day ie on 21 December 2005, the appellant, applied by originating summons in the High Court in Kuala Lumpur, for the following orders:

(a)a declaration that the applicant is the valid wife to Moorthy a/l Maniam (‘the deceased’);

(b)a declaration that the deceased is a Hindu and follows the custom and Hindu religion before his death;

(c)a declaration that the deceased is not a Muslim on the date of his death;

(d)a declaration that all documents of conversion of the deceased to the Islamic religion is not valid and void;

(e)an order directing the second respondent and/or the Kuala Lumpur General Hospital by itself and/or by their agent and/or by their workers and/or by their representative to release the deceased’s body immediately to the applicant for burial purposes;

(f)an injunction order forbidding the fir