JUDGMENT

Balia Yusof Wahi JCA:

Background

[1] Pathmanathan (husband) and Indira Ghandi (wife) were married on 10 April 1993. The marriage was registered under the Law Reform (Marriage and Divorce) Act 1976 ("the Act"). There were three children of the marriage, Tevi Darsiny, aged 12, Karan Dinish, aged 11 and the youngest, Prasana Diksa, who was 11 months old at the time of filing of the wife's application for judicial review.

[2] On 11 March 2009, the husband converted to Islam and on 8 April 2009, he obtained an ex parte interim custody order for all the three children. He later obtained a permanent custody order from the Syariah Court on 29 September 2009.

[3] At the time of the husband's conversion, the two elder children were residing with the wife while the youngest child was with the husband.

[4] Sometime in April 2009, the wife received documents from the husband showing that her three children had been converted to Islam on 2 April 2009 and that the Pengarah Jabatan Agama Islam Perak had issued three certificates of conversion to Islam on her three children. The documents also showed that the Registrar of Muallaf had registered the children as Muslims.

[5] Feeling distraught and being dissatisfied with the husband's action, the wife then filed an application for judicial review in the Ipoh High Court vide Semakan Kehakiman No: 25-10-2009 seeking for the following orders and/or reliefs:

"(a) an order of certiorari pursuant to O 53 r 8(2) to remove the certificates into the High Court to be quashed owing to noncompliance with ss 99, 100 and 101 of the Administration of the Religion of Islam (Perak) Enactment 2004;

(b) an order of prohibition pursuant to O 53 r 1 restraining the Registrar of Muallaf and his servants, officers and/or agents from howsoever registering or causing to be registered the children and each of them as "Muslims" or "muallaf" pursuant to the Administration Enactment;

(c) further or in the alternative, a declaration that the certificates and each of them are null and void and of no effect as they are ultra vires and/or contrary to and/or inconsistent with:

i. The provisions of Part IX and in particular s 106(b) of the Administration Enactment, and/or

ii. Sections 5 and 11 of the Guardianship of Infants Act 1961 (Act 351), and/or

iii. Article 12(4) read together with art 8(2) of the Federal Constitution.

(d) Further or in the alternative, a declaration that the infants and each of them have not been converted to Islam in accordance with the law;

(e) The costs of the application; and

(f) Such further or other relief as the honourable Court deems fit."

[6] In the said application, the husband was cited as the sixth respondent while the Pengarah Jabatan Agama Islam Perak, the Registrar of Muallaf, Kerajaan Negeri Perak, Kementerian Pelajaran Malaysia and Kerajaan Malaysia were respectively cited as the first to the fifth respondents.

[7] On 25 July 2013, the learned Judicial Commissioner (JC) allowed the wife's judicial review application in the terms as prayed. The three certificates of conversion to Islam issued by the Pengarah Jabatan Agama Islam Perak were quashed. The learned JC further declared that the said certificates to be null and void and of no effect.

[8] This is an appeal by the husband against the said decision of the High Court which was registered as Civil Appeal No: A-02-1826-08-2013.

[9] Alongside the husband's appeal, the Pengarah Jabatan Agama Islam Perak, the Registrar of Muallaf and Kerajaan Negeri Perak also filed an appeal to this Court which was registered as Civil Appeal No: A-01-304-08-2013. Kementerian Pelajaran Malaysia and Kerajaan Malaysia also filed their appeal which was registered as Civil Appeal No: A-01-316-09-2013.

[10] We heard the three appeals together on 26 May 2015 and we reserved judgment.

[11] We now give our judgment.

The High Court Decision

[12] The order pronounced by the learned JC at p 100 of the Rekod Rayuan states that the three certificates of