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Tuesday, July 14, 2015

Mahmud wins preliminary child maintenance battle

Shariah Appeals Court deems son old enough to seek maintenance independently.
Mahmud-Abu-Bekir-Taibshannaz
KUALA LUMPUR: The Kuala Lumpur Shariah Appeals Court today unanimously ruled in favour of Sarawak entrepreneur Mahmud Abu Bekir Taib in his multi-million ringgit divorce battle, holding that his ex-wife Shahnaz Abdul Majid was not competent to apply for maintenance on behalf of their now adult son.
Shahnaz had applied to strike out Mahmud’s own appeal for the court to review a 2013 Shariah High Court order which had ruled that she could make a claim for her son’s maintenance.
However, the apex Shariah court ruled that it had the power to hear the review and that there was no irregularity in Mahmud’s application as suggested by Shahnaz’s counsel.
The appeals court also heard that the couple’s son, now 21 years old, had passed the age of majority of 18 years as prescribed under the provisions of the Age of Majority Act, 1971, and was therefore of full capacity to litigate in his own name.
Shahnaz had in her application claimed in excess of RM121 million for child maintenance for Raden Murya Abdul Taib Mahmud, which included claims to a terrace house in London (RM60 million), a residence in Bukit Tunku (RM10 million), two Aston Martins (RM5.5 million), medical insurance (RM5 million) and a private trust fund (RM40 million) to be held and managed by her.
Mahmud’s lawyers indicated that they would now apply for a stay of execution of the Shariah High Court ruling that had granted Shahnaz child maintenance and for the ruling to be struck out.
The appeal was heard by shariah judges Mahammad bin Ibrahim, Muhamad Asri bin Abdullah and Yusof bin Musa.
Mahmud, the son of Sarawak Governor Abdul Taib Mahmud, was represented by his legal counsel Zainul Rijal Abu Bakar and Saadiah Din.
Shahnaz was represented by Mohd Rafie Mohd Shafie and Akberdin Abdul Kader.

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