Yesterday was the first mention for my ex-wife's permohonan to "mengisytiharkan bahawa pernikahan antara Defendan dan Plaintif pada [date] dengan berwalikan [Plaintif's father's name] adalah tidak sah dan terbatal dari segi hukum syara' mengikut peruntukan di bawah seksyen 61(3)(b)(i) Enakmen Pentadbiran Agama Islan (Negeri Selangor) 2003".
The case proceeding was held at Mahkamah Rendah Syariah Petaling Jaya.
Much to my surprise, my ex-wife came with TWO senior lawyers.
Two senior lawyers attending the first mention at Mahkamah Rendah... it can only mean one thing. My ex-wife is extremely serious about this case.
Why is that so?
If the marriage is declared null and void, they reckon that it will have a material impact on the Hadhanah case, where custody will go to her on grounds that my children are "anak anak tak sah taraf". Personally, I think the impact will only be on the matrimonial assets and the nusyuz cases.
My legal counsel advised the Honourable Judge that we will be putting in a "Bantahan Awal" or preliminary objection. The Honourable Judge ordered us to file in our written preliminary objections and summary prior to the next mention date set for mid-June 2011.
From what I understand, in the case that the marriage is declared null, and the kids declared wati syubhah rather than anak2 tak sah taraf, she will lose all rights to matrimonial assets and may still lose the hadhanah case, right? Don't you think her actions now is somewhat like setting up her own trap if it backfires?
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