19 Jun 2020
MOHD ISHA BIN AWANG MOHAMAD IDRIS BIN SERAMAL BARIS
- Citation
- P-02(NCVC)(W)-2426-12/2018 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- P-02(NCVC)(W)-2426-12/2018 (Mahkamah Rayuan)
The Court of Appeal allowed the appeal because the Syariah Court of Appeal order and related certified extracts were admitted exhibits and, in the absence of challenge at trial, attracted the presumption under s114(e) Evidence Act that judicial and official acts were regularly performed; those documents established that the marriage had been dissolved by judicial separation (faraq), undermining the Plaintiff's enticement claim and requiring the High Court order to be set aside and the defendant's counterclaim remitted for assessment.