KUALA LUMPUR: National badminton player Roslin Hashim’s ex-wife yesterday failed in her bid to set aside the shuttler’s claim of RM53,460 in losses from their 12-day marriage after the Syariah High Court here dismissed her preliminary objection.
In handing down his decision, judge Mohd Radzi Abd Latif ordered that the case be tried and fixed March 23 and 24 for the hearing which would be held in a closed-court.
On Aug 12 last year, Roslin or Muhammad Roslin Hashim, 34, filed a suit against Faizah claiming for losses he allegedly incurred during their marriage.
The couple married on Jan 30, 2009 and divorced 12 days later.
In his statement of claim, Roslin, who was represented by lawyer Roslizam Rahim, stated that the claims included for purchase of rings and expenses incurred during the engagement and wedding ceremonies, including for rental of canopies, video and hotel rooms.
Faizah filed the preliminary objection on Oct 21 last year on grounds that the claims were ridiculous and undignified.
At yesterday’s hearing, lawyer Mohd Amir Nazli Hussin, who represented Faizah, submitted that the case, if tried, could embarrass both parties as it would involve their sexual relations during their marriage.
“Roslin claimed that he divorced Faizah because he could not get sexual satisfaction from her. Therefore, if this claim is allowed and all the facts are submitted, they can embarrass both parties,” he added.
He said the action by Roslin could also set culture for former husbands to file for losses from their ex-wives.
“Not only is the defendant (Faizah) made a virgin divorcee after 12 days of marriage, but she is also being blamed and burdened with this undignified claim,” added Mohd Amir.
He also said that the court had no jurisdiction to hear and decide on Roslin’s claim under section 46 of the Administration of Islamic Law (Federal Territories) Act 1993.
However, Roslizam submitted that the case could be used as a source of reference for others.
In refuting that the grounds for the divorce given by his client was petty, Roslizam said Roslin suffered because Faizah could not give him sexual satisfaction.
Roslin and Faizah were at the court yesterday, but did not speak to one another. — Bernama