JUDGMENT

Abdul Hamid J:

This is an application by originating summons for the custody of two infant children, a girl by the name of Nor Izan eight years and a boy, Mohamed Faizal about three years old.

Both the applicant and the respondent rely mainly on their respective affidavits. The statements contained in these affidavits were carefully summarised by Raja Azlan Shah J who originally heard this application. With respect to the learned Judge, I would reproduce hereunder the relevant part of the summary and adopt it as my own.

The applicant is a Swiss lady by the name of Theresia Maria Ruthemann. She met the respondent in London. They were later married at the London Central Mosque, Regent Lodge Park, London, whereupon the applicant took her present name, Myriam binti Abdullah. The said marriage was registered under the English Marriage Act, 1949. On their returning to Malaysia, the said marriage was subsequently registered at the Registry of Marriages, Kuala Lumpur on the 28 November 1960. There are two children of the said marriage, a girl Nor Izan and a boy Mohamed Faizal.

On the 18 September 1963, the parties went to the Kathi's Court at Petaling Jaya to effect a divorce.