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CASE(S) OF THE WEEK

KETUA POLIS NEGARA v. INDIRA GANDHI MUTHO
COURT OF APPEAL, PUTRAJAYA
ABDUL AZIZ RAHIM JCA, TENGKU MAIMUN JCA, AHMADI ASNAWI JCA
[CIVIL APPEAL NO: A-01-365-09-2014]
19 DECEMBER 2014

ADMINISTRATIVE LAW: Remedies - Mandamus - Grant of order of mandamus to compel Inspector General of Police to execute warrant of committal and recovery order - Whether order of mandamus correctly issued - Whether High Court Judge judiciously and properly exercised discretion in making order - Whether parties enforced private right as opposed to public right - Whether enforcement of court processes involving private rights came within scope of public duties - Police Act 1957, ss. 3(3), 20(1) & (3)(f)

CONSTITUTIONAL LAW: Courts - Jurisdiction - Matters involving custody of children when one spouse converted to Islam - Whether within exclusive jurisdiction of Syariah Court - Whether civil court could make order on custody of children - Whether would result in conflicting decisions

JURISDICTION: Civil court - Family matters - One spouse in non-Muslim marriage converted to Islam - Whether civil marriage automatically dissolved - Law Reform (Marriage and Divorce) Act 1976, s. 51

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