Sunday, 2 September 2012

GENDER, SYARIAH HIGH COURT STRIKES OUT





By : MAIZATUL NAZLINA

KUALA LUMPUR: The Syariah High Court here has struck out four applications filed by beauty care boutique owner Sri Wani Choo Abdullah's husband, including one to compel her to undergo a DNA test to confirm her gender, after her husband accused her of being a man.

Syariah High Court Judge Abdul Walid Abu Hassan ordered her husband Dr Bahrom Sanugi, 61, who was a former Universiti Sains Islam Malaysia dean, to pay RM12,000 in costs.

In delivering his judgement Thursday, he said the court had no jurisdiction to conduct the case as Dr Bahrom had failed to reply to an affidavit in relation to his rented house in Taman Dato' Senu.

“Don't play with the court as the respondent had failed to reply to an affidavit on the issue although he had been given sufficient time to file it.

“This has wasted the court's time. Thus, I strike out the applications and order the respondent to pay RM3,000 in costs for each of the application filed.

“The respondent had been given one month to pay the costs beginning Thursday,” he said.


The other three applications filed by Dr Bahrom were the validity of solemnisation and temporary separation (faraq nikah) application, an injunction to prevent Sri Wani from making press statement and a committal order to jail Sri Wani.

Counsel Boestamam Ahmad acted for Sri Wani while Muhammad Hafiz Abdul Rashid for Dr Bahrom.

Hafiz told reporters that he would appeal against the costs and file afresh the suit in Seremban.

Sri Wani said she was very happy the case was over and thanked her lawyer for their commitment and dedication in handling the case.

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