Section 201. An interim order as to hadhanah. (SYARIAH COURT CIVIL PROCEDURE (STATE OF SELANGOR) ENACTMENT 2003

ENACTMENT NO. 4 OF 2003
SYARIAH COURT CIVIL PROCEDURE (STATE OF SELANGOR) ENACTMENT 2003

PART XX - INTERLOCUTORY PROCEED AND INTERIM ORDER
CHAPTER 2 - INTERIM ORDER

Section 201. An interim order as to hadhanah.

(1) Subject to the Islamic Family Law (State of Selangor) Enactment 2003 [Enactment 2/2003], if the court is satisfied, on the application of any party for the hadhanah of a child in any cause or matter, that the circumstances require an interim order to be made for the hadhanah of that child, the Court may make such order which shall have immediate effect and shall continue to be in force until the Court has made a decision on the cause or matter.

(2) An application made under this section shall not be made before the action has begun except in a case of urgency which in the interest of justice or for the protection of the applicant or the child it appears that the immediate intervention of the Court is necessary.

(3) Where the applicant is the plaintiff and the case is one of urgency, such application may be made ex parte and shall be supported by an affidavit and that affidavit shall contain a clear and concise statement—

(a)

of the facts giving rise to the claims against the defendant in the proceedings;

(b)

of the facts giving rise to the claim for an interim order;

(c)

of the fact relied on as justifying the application being made ex parte;

(d)

of any facts known to the applicant which might lead the Court not to grant an interim order;

(e)

of whether any previous similar ex parte application has been made to any other judge and, if so, the order made in that previous application; and

(f)

of the precise relief sought.