Dear members,
My Client had filed divorce Petition against the husband in Civil Court in 2007 under "Akta Membaharui Undang-Undang (Perkahwinan & Perceraian), 1976." The main dispute on the custody, care and control of their son is still pending in high Court. The Son has been with my Client since 2003 after they left matrimonial house. Somewhere in December 2009, it has come to our knowledge that the Husband converted to Islam.
Recently, the husband served on my client the sealed copy of his application made in Syariah Court for custody of the Son. As Non-Muslim, should my client enter appearance and contest the application in Syariah Court? If yes, why?
Assuming that my client fails to enter appearance or contest the husband's application, can he enforce any order made by Syariah court on my client? Regards,
royhai'zam Basri
p/s - As a result of my posting @ the forum, I received emails from 2 senior members of bar explaining to me their stands on the above issues. I did reply to them. But due to some restriction, I cannot simply publish the contents of the emails herein without getting their prior approval. This morning, I was approached by also member of the bar (two years ago he was my "good"opponent in Industrial Ct) and I was surprised when he congratulated me for the posting. He said, "nice posting yesterday". On the way back to my Office while cruising Duke Highway, my former colleague (on his own now) called me. I asked him, "Is there anything that I can help you Robin?". He said to me, "I read your posting yesterday. Sudah jadi Imtiaz hah! hahaha".
When I reached my office, without wasting my time, I switched on my computer and checked the forum to know what are the new issues raised for today. I noticed there is a new column for new posting written by a really senior member of the bar discussing about impending dispute of jurisdiction of syariah ct and civil Ct and whereby he informed the readers that the issues will be resolved in May 2010 by federal Ct.
Seriously, I do not know whether his posting is a response to my posting or it is just coincident. Be as it may, I’m glad that people noticed my posting.
My Lecturer used to tell me & my classmates that to be the Great Trial Lawyers, you must make thorough preparations.
From my own experience without a proper preparations, you are not ready to go to war and might get killed even before you say a single word. Even if you are safe, it does not mean you are free to go because your biggest enemy ("the honorable") will not let you go unnoticed. It is not a good feeling to be whacked. I'd been in the situation before. Trust me. You can go crazy over this matter.
You are well prepared when you are spared.So, be careful. Read your file. Remember the crucial facts. Know your Judges. Use the same old formula. "I-L-A-C." Last but not least, Pray to God.
I am a simple guy but with a very big ambition..I hope I can have a successful life. If someone ask me what is my biggest asset, it would be my punctuality. Sometimes it may cause problem to others. Not to forget that I am good footballer although maybe not as good as Marco Van Basten or Ronaldo. hahaha. I believe I have a gift to know whether someone around me can be trusted or not. it is my humble opinion that trust is not built in one day and one has to renew it everyday. Renewing it everyday will lead to a stronger relationships. As a conclusion, to achieve everything that i prayed for, I have to work hard and smart..
