JUDGMENT
Introduction
[1] There are two related appeals before this Court:
(i) W-01(A)-273-06/2020; and
(ii) W-01(NCvC)(A)-531-09/2021.
[2] In W-01(A)-273-06-2020 ("Appeal 273"), the learned High Court Judge had dismissed the appellant's application for several declaratory orders on citizenship under the Federal Constitution ("FC"). This appeal is the appellant's appeal against the said decision.
[3] In W-01(NCvC)(A)-531-09-2021 ("Appeal 531"), the learned High Court Judge had allowed the respondents' application for several declaratory orders on citizenship under the FC. This is the Government of Malaysia's ("GOM") appeal against the decision of the learned Judge.
A: W-01(A)-273-06-2020/Appeal 273
Salient Facts
[4] The appellant ("Manisha") was born in Chennai, India on 1 October 1997. Her biological father, Abdul Majeed Gani is an Indian citizen, whilst her biological mother, Masnah Banu binti Kamal was confirmed as a Malaysian citizen on 11 July 1998.
[5] Manisha's parents were married under the laws of India on 10 June 1996. Subsequently they registered their marriage in Malaysia on 27 December 2005 at the Kulim Religious Department, District of Kulim, Kedah.
[6] Manisha is married to Mohamed Naveen Sheik Mohideen (Republic of India Passport No: H5607785) on 12 August 2016 at Jabatan Agama Islam Wilayah Persekutuan under the Malaysian Islamic Family Law (Federal Territories) Act 1984.
[7] Manisha had submitted applications for citizenship by registration under art 15(2) of the FC, but were rejected by the GOM.
Originating Summons: WA-24-73-12-2019
[8] Manisha then filed an Originating Summons seeking the following relief:
(i) A declaration that Manisha is a citizen of Malaysia by operation of law by virtue of the citizenship of her mother, Masnah Banu binti Kamal (NRIC No: 720329-02-6253) pursuant to art 14(1)(b), Part II s 1(b) of the Second Schedule of the FC;