June 22, 2010

CASE OF THE WEEK

SEAN O'CASEY PATTERSON v. CHAN HOONG POH & ORS AND ANOTHER APPEAL COURT OF APPEAL, PUTRAJAYA
TENGKU BAHARUDIN SHAH JCA, WAN ADNAN MUHAMAD JCA, AZHAR MA'AH JCA
[CIVIL APPEALS NO: W-01-65-2008 & W-01-66-2008] 30 MARCH 2010

FAMILY LAW: Children - Adoption - Muslims - Whether Registration of Adoption Act 1952 applicable to Muslims - Adoption Act 1952 to be read and interpreted independently of Registration of Adoptions Act 1952 - Nothing to bar application of Registration of Adoption Act 1952 to Muslims

FAMILY LAW: Children - Adoption - Adoption under Registration of Adoption Act 1952 - Whether requirements for adoption satisfied - Whether consent of natural parents obtained - Wrong person named as father in birth certificate of child - Registrar can rely on information regarding parents contained in birth certificate of child - Whether child was maintained and educated by adopters before adoption - Whether proper to dislodge child from adopters - Whether requirements of s. 6 of Registration of Adoption Act 1952 satisfied

FAMILY LAW: Marriage - Validity of - Bride already legally married to another person - Whether marriage void - Law Reform (Marriage and Divorce) Act 1976, ss. 5

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