Kuala Lumpur: An Indonesian woman has applied for leave from the Federal Court to appeal against the Court of Appeal’s decision which dismissed her appeal seeking a court declaration that her second son is a Malaysian citizen.
The woman, in her 40s, filed the notice of motion, obtained by the media today, in the Federal Court last December 23, naming the director-general of the National Registration Department (NRD) and the Malaysian Government as respondents.
She is appealed against the November 29 decision of the Court of Appeal on five legal questions.
Her lawyer, A. Srimurugan, when contacted by reporters, confirmed the matter.
The case involved an Indonesian woman who married a Malaysian man in 2000 and had two sons born in 2004 and 2010.
The two boys were registered as children of the woman’s husband on their birth certificates.
However, when the second son was 12 years old, his application for a Malaysian identity card (MyKad) was referred for further investigation after the authorities found that the child had no physical resemblance to the man.
During the investigation, the man admitted that the boy was not his biological son and refused to do a DNA test. The boy’s birth certificate was then seized by the NRD.
The woman then filed an originating suit in the High Court seeking a declaration that her son is a Malaysian citizen and an order to compel the NRD to return the birth certificate in addition to issuing the MyKad.
On October 16 last year, the High Court dismissed the woman’s suit and the decision was upheld by the Court of Appeal on November 29 this year.
