PEMPETISYEN Peck Chun 1. ) Alikoo 2. ) JABATAN KEBAJIKAN MASYARAKAT KUALA LUMPUR

PEMPETISYEN Peck Chun 1. ) Alikoo 2. ) JABATAN KEBAJIKAN MASYARAKAT KUALA LUMPUR

The application was dismissed because the First Respondent is a Muslim (birth certificate verified by the guardian ad litem) so the Adoption Act 1952 does not apply (s31); alternatively, even if the Act applied the Applicant failed to comply with s12 by not obtaining or securing court dispensation of the mother's consent as required by s5, a mandatory precondition to an adoption order.

Citation
WA-34-7-06/2021 (Mahkamah Tinggi)
Parties
Applicant: PEN; First Respondent: KAL; Second Respondent: Jabatan Kebajikan Masyarakat Kuala Lumpur
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 July 2022
Case Number
WA-34-7-06/2021 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (adoption) / Judgment (final)
Outcome
Application dismissed
Legal Topics
Applicability of Adoption Act to Muslims (s31), Consent and Dispensation for Adoption (ss5, 12), Duties of Guardian Ad Litem (s13), Priority of Statutory Consent Over Welfare in Adoption
Source Language
Malay/English
Family Law Adoption Law Islamic Law Civil Procedure Applicability of Adoption Act to Muslims (s31) Consent and Dispensation for Adoption (ss5,12) Duties of Guardian Ad Litem (s13) Priority of Statutory Consent Over Welfare in Adoption

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Parties

PEN

Applicant

KAL

First Respondent

Jabatan Kebajikan Masyarakat Kuala Lumpur

Second Respondent

Procedural Posture

Originating Summons (adoption) / Judgment (final)

Legal Issues

  1. 1 Whether the Adoption Act 1952 applies where the child is Muslim
  2. 2 Whether the mother's consent was obtained or validly dispensed with under the Act
  3. 3 Whether procedural requirements of s12 (naming respondents/dispensation) were complied with

Ratio Decidendi

The application was dismissed because the First Respondent is a Muslim (birth certificate verified by the guardian ad litem) so the Adoption Act 1952 does not apply (s31); alternatively, even if the Act applied the Applicant failed to comply with s12 by not obtaining or securing court dispensation of the mother's consent as required by s5, a mandatory precondition to an adoption order.

Court Disposition

Application dismissed

Orders

  • Application dismissed.
  • No adoption order granted.