Thursday August 27, 2009
Man bids to amend defence in RM5.5mil broken marriage case
KUALA LUMPUR: A businessman’s application for leave to amend his statement of defence in a RM5.5mil breach of settlement agreement case filed against him by TV3 personality Maria Tunku Sabri will be heard by the High Court here on Sept 29.
Senior Assistant Registrar Rumai-zah Baharom fixed the date in chambers yesterday.
Datuk Wan Johani Wan Hussin, 56, is seeking leave to amend his defence to give a full picture of the facts and also his defence to the court.
In the summons in chambers filed on July 16, Wan Johani said it was necessary to amend his defence following the ruling by the Federal Court that a defendant in a breach-of-promise-to-marry proceedings was required to specifically plead the illegality of such an agreement based on grounds that the Muslim woman was married at the time the agreement was made.
The provision in Islamic family law states that a woman married to another man cannot enter into a marriage contract with another.
The Federal Court, on June 24, allowed Maria’s appeal, host of TV3’s Jalan-Jalan Cari Makan programme, to revive her suit against Wan Johani and remitted the case back to the High Court for trial.
Maria, 39, sought in 2004 to enforce an agreement under which Wan Johani had promised to pay her RM5.5mil for not instituting any legal action against him for refusing to marry her as promised.
Wan Johani, in his defence, denied knowledge of the contract and in the alternative, pleaded that the agreement was illegal and had elements of threat and coercion. — Bernama
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