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Wife granted divorce nearly 24 years after husband converts to Islam

KUALA LUMPUR: A High Court has granted a woman a divorce from her husband of 50 years after he converted to Islam and married an Indonesian Muslim woman in 2001.

Identified only as Hal and Has, both 74 years old, they were married in January 1974.

The husband converted to Islam in July 2000 and married an Indonesian woman known as Teb a month later.

He filed for divorce in May 2001, citing his conversion to Islam, while the wife responded with her petition three months later, alleging adultery.

Justice Evrol Mariette Peters stated in a written judgment that the birth of Teb's child was proof of the husband's adultery.

However, the wife's claim for divorce on grounds of adultery was rejected, as the judge believed she had tolerated the husband's infidelity despite being aware of it.

The judge also highlighted that before Dec 15, 2018, the non-converted spouse could petition for divorce if one spouse converted to Islam, but the wife did not do so.

Despite delays from both parties, Peters ruled that the husband's conversion entitled the couple to divorce and ordered the decree nisi to be made immediately.

The judge directed the husband to transfer his share of the couple's matrimonial home in Setapak, Kuala Lumpur, to his wife.

Additionally, the husband was ordered to transfer his half share in another property, known as the Bunga Raya property, to satisfy the wife's spousal maintenance claim.

Peters noted that the husband had implicitly agreed to an arrangement allowing the wife to retain the rental income from the property over the years.

The husband is appealing the decision to the Court of Appeal.

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