KETUA PENGARAH JABATAN PENDAFTARAN NEGARA v 1. ) NIVETHAH A/P THAMAYANDIRAN 2. ) SWETHA A/P THAMAYANDIRAN

b-01ncvca-72-01-2024 Court of Appeal (Mahkamah Rayuan) 22 October 2025 • B-01(NCvC)(A)-72-01/2024 • 39 min read
3 cases cited (0 SG, 3 foreign)

Catchwords

Practice Areas

Judges (3)

Counsel (6)

Parties (3)

Case Significance

KETUA PENGARAH JABATAN PENDAFTARAN NEGARA v 1. ) NIVETHAH A/P THAMAYANDIRAN 2... is a Court of Appeal (Mahkamah Rayuan) decision dated October 22, 2025 (citation: b-01ncvca-72-01-2024). <p>The Director General of the National Registration Department appealed the High Court's declaration that two sisters were Hindus and entitled to have their identity cards amended to reflect their Hindu religion. This appeal was heard together with MAIS's appeal (Appeal 100) concerning the same two respondents. The Court of Appeal allowed the appeal on the same grounds, holding that the respondents were born Muslims under section 2(1)(b) of the Selangor ARIE 2003 and any renunciation must be de The panel comprised Ahmad Fairuz bin Zainol Abidin, Lim Hock Leng and Mohd Nazlan bin Mohd Ghazali, with Mohd Nazlan bin Mohd Ghazali delivering the judgment. Counsel appearing: Abraham Au Tian Hui (counsel for respondent), Dato' Dr Gurdial Singh Nijar (counsel for respondent), Lim Sze Han (counsel for respondent), Mohammad Sallehuddin Bin Md Ali (counsel for appellant).

Summary

The Director General of the National Registration Department appealed the High Court's declaration that two sisters were Hindus and entitled to have their identity cards amended to reflect their Hindu religion. This appeal was heard together with MAIS's appeal (Appeal 100) concerning the same two respondents. The Court of Appeal allowed the appeal on the same grounds, holding that the respondents were born Muslims under section 2(1)(b) of the Selangor ARIE 2003 and any renunciation must be determined by the Syariah Court.

What was the outcome of KETUA PENGARAH JABATAN PENDAFTARAN NEGARA v 1. ) NIVETHAH A/P THAMAYANDIRAN 2...?

<p>The Director General of the National Registration Department appealed the High Court's declaration that two sisters were Hindus and entitled to hav...

Statutes Cited

Births and Deaths Registration Act 1957
s 13 s 27(3)
Births and Deaths Registration Act 1957
s 13
Federal Constitution
Art 11 Art 74
Islamic Family Law Enactment
s 111

Cases Cited (3)

MY (3)
[2020] 4 CLJ 731 [2021] 3 CLJ 301 [2024] 5 CLJ 855