The Kuala Lumpur Syariah High Court today struck out the RM500 million 'harta sepencarian' (joint matrimonial asset) claim made by Shahnaz A Majid against her ex-husband Mahmud Abu Bekir Taib, who is the son of Sarawak governor Abdul Taib Mahmud.
The judge Mohamed Fouzi Mokhtar, however, said Shahnaz, the elder sister of jazz queen Sheila Majid, can file a new application.
Justice Fouzi ruled that the joint matrimonial asset claim was incomplete as it should provide a complete pleading.
He said that in the allegation, the asset claim should be clear and detailed so that Shahnaz can base her joint matrimonial asset properly.
"This case was filed seven years ago and till today, the pleading is incomplete and they sought to amend.
"Based on case law, the court can strike out the claim with liberty to file afresh," he said, in allowing Mahmud's objection of the amended joint matrimonial claim.
In an immediate reaction, Shahnaz's lawyers Akberdin Abdul Kader and Rafie Mohd Shafie indicated that they will refile a new application.
About the "incomplete pleadings", Rafie said details would have been adduced through evidence during the trial.
"We cannot produce everything in the pleadings as this would result in the statement of claim being very thick, as the evidence would be produced during the trial which had not even started," he said.
Akberdin said the new statement of claim would be filed before the end of the year.
Mahmud was represented by Zainul Rijal Abu Bakar who had made the objection, resulting in today's decision.
It was reported that Shahnaz had initially filed a claim of RM300 million for joint matrimonial asset claim besides the RM100 million mutaah claim (conciliatory gift following divorce) in March 2011.
However, she amended her joint matrimonial asset claim to RM500 million.
Earlier this month, the Syariah Court of Appeal upheld the High Court decision and ordered Mahmud to pay RM30 million for mutaah claim.
Shahnaz and Mahmud were married in January 1992 and was officially divorced on May 11, 2011.
Shahnaz claimed that when she was married to Mahmud, the couple owned properties in many places, as well as thousands of hectares of land in Sarawak, and in Bukit Tunku in Kuala Lumpur.
They also owned luxury cars including Lamborghini, Ferrari, Bentley and Maserati.
Their joint assets include shares in 15 different companies, including Cahaya Mata Sarawak and Sarawak Cable Bhd.
The couple also possesses assets in the form of savings, Employees Provident Fund, and Amanah Saham Bumiputera units. - Mkini
Look at their wealth. Ridiculous. This is the case of it is not what you know but who you know.
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