Sunday, March 21, 2010

Syariah High Court Told Sultan Capable of Making Own Decisions

The Syariah High Court here was today told that the Sultan of Kelantan, Tuanku Ismail Petra Ibni Almarhum Sultan Yahya Petra is capable of making his own decisions, including pronouncing "cerai talak tiga" (irrevocable divorce) on his second wife, Cik Puan Elia Suhana Ahmad.

Syarie laywer Zainul Rijal Abu Bakar in submitting on the matter before Syarie judge Abdullah Man, said three specialist doctors from the Mount Elizabeth in Singapore had attested to this via letters dated Feb 1 to Kelantan Menteri Besar Datuk Nik Abdul Aziz Nik Mat and the Regent of Kelantan, Tengku Muhammad Faris Petra.

Zainul Rijal told the court that the Sultan of Kelantan was alleged to have pronounced the divorce on Elia Suhana on Feb 12.

He also read out a paragraph in the letter which said "His Royal Highness (HRH), Sultan of Kelantan, Sultan Ismail Petra is currently capable of making his own decisions".

He said this in contesting an interlocutory application (application within and application) by Elia Suhana's counsel Fakhrul Azman Abu Hassan. to cancel the filing of the divorce pronouncement by the Sultan on Elia Suhana with the court by Nik Rorhana Wan Abdul Rahman, 60, a third party and the plaintiff in the case.

Earlier, Fakhrul Azman had argued that Nik Rorhana had no locus standi to file the case with the court.

He also said Elia Suhana (the defendant) also wanted a medical examination to be conducted on the Sultan as she had doubts about his health status, who now was reported to be unwell.

Zainul Rijal countered that this was irrelevant as it should have been done before the divorce pronouncement by the Sultan.

He added that in the proceedings to follow, the plaintiff would explain in detail why the case was filed by a third party.

Abdullah then set April 4 to resume hearing of the case.

He also agreed to have this case heard to together with another pertaining to visitation rights that were denied to Elia Suhana.

On Feb 4, the court had allowed Elia Suhana to visit the Sultan three days a week from 7am Saturday to 7am Monday, but she was not able to do so.

On Feb 23, the same court had issued a notice to the Raja Perempuan Kelantan Tengku Anis Tengku Abdul Hamid and two palace officials to explain why Elia Suhana was prevented from visiting the Sultan.

The court was jam packed today with Elia Suhana and Nik Rorhana also present and seated in the public gallery.

courtesy of Malaysian Digest

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