Fifth attempt to resume hearing

As mention in my previous post (titled "The answer"), my ex-wife had filed an application at the Mahkamah Rendah Syariah Petaling Jaya to declare that my previous marriage with her null and void. This was made on grounds that she had purportedly only recently became aware that her parents only got married 1 year 3 months after she was born (in other words she is claiming that she is an illegitimate child).

Subsequent to that, in June 2011 she filed an application at the Mahkamah Tinggi Syariah Selangor di Shah Alam to suspend all other proceedings between me and her at both the Syariah High Court in Shah Alam and the Syariah Lower Court in Shah Alam until her application at the Mahkamah Rendah Syariah Petaling Jaya is decided. Her argument is that should the case at the Mahkamah Rendah Syariah Petaling Jaya is decided in her favour, all the other existing proceedings would be moot. If there was no marriage, hence there would be no matrimoial assets (harta sepencarian) claims, declaration of nusyuz etc. Furthermore, my ex-wife was of the view that the children would also be deemed to be illegitimate, and custody would go to her pursuant to Section 86 of the Enakmen Undang Undang Keluarga Islam (Negeri Selangor) 2003.

She also claims that her application for suspension of all case proceedings would purportedly "save the Court's time".

In my defence I pointed out that

1. My ex-wife's application at the Mahkamah Rendah Syariah Petaling Jaya was done in bad faith (mala fide) to deny me my rights to child custody;
2. My ex-wife had never raised the issue of her being an illegitimate child prior to this, and in fact had in several affidavits affirmed that our previous pernikahan was "sah dari segi hukum syarak";
3. My ex-wife only raised this issue in the Selangor Syariah Courts 9 months after raising the same in the Kuala Lumpur Syariah Courts; and
4. There is no effect whatsoever to the child custody proceedings even if the Mahkamah Rendah Syairah Petaling Jaya were to declare that my previous marriage null and void. Pursuant to Sections 2 and 114 of the Enakmen Undang Undang Keluarga Islam (Negeri Selangor) 2003, the child's "nasab" or lineage would still be with me.

On 25 October 2011, the Honourable Judge decided that

1. My previous marriage if nullified would be deemed a "pernikahan fasid" and not "pernikahan bathil". A pernikahan would be deemed "fasid" if it was discovered that one of the "rukuns" or pillars was not adhered to AFTER the pernikahan took place, whereas a pernikahan would be deemed "bathil" if it was known at the time of the pernikahan that one of the "rukuns" was absent;
2. As the marriage was deemed "pernikahan fasid", hence Sections 2 and 114 of Enakmen Undang Undang Keluarga Islam (Negeri Selangor) 2003 would apply. Hence the childrens "nasab" would still be with me;
3. The child custody proceedings and all related proceedings shall proceed with immediate effect; and
4. The matrimonial assets case proceedings and other non-child custody related proceedings shall be suspended.

My ex-wife was seen very unhappy and devastated after the judgement was read. I trust she and her unsavoury legal advisor's focus now would be the battle at the Mahkamah Rendah Syariah Petaling Jaya.

My focus now would be on the child custody hearing, which is scheduled to resume for the fifth time early next year.

I really wonder what will they think of next...