KUALA LUMPUR - The Syariah High Court has allowed an application by the wife of rock singer and actor Awie to set aside his temporary custody order of their three children.
In his ruling, Syarie judge Mohd Amran Mat Zain found that the serial number of the couple's marriage certificate belonged to another couple.
Therefore, he held that the certificate, which was used by Awie's wife Rozana Misbun, 37, in her application to set aside the temporary custody order, was invalid.
Mohd Amran said the court also accepted the evidence given by a Penang Islamic Religious Department officer, who testified on Jan 6 that the couple's marriage certificate did not exist in the department's online system.
"There is no intention (by the court) to determine whether a marriage exists between the couple (at this juncture)," he said in a packed courtroom.
The judge considered these factors in his decision and ordered Awie to pay RM5,000 in costs after striking out all related cases involving the couple.
Awie, whose real name is Ahmad Azhar Othman, 47, said that his interest was centred on the welfare of his children.
"My children want me and not her," he added.
When asked if he planned to divorce his wife, he replied that he first had to know the authenticity of his marriage certificate.
Awie said he also would not stop Rozana from meeting their children.
Rozana, when met outside courtroom, said it was too late for Awie to approach her for a settlement on the custody of their children.
"He humiliated me and insulted my character in public," she said.
However, she said she would try to make arrangements to meet her children at their school.
"Awie had sent a letter to the school stopping me from meeting them. But after this court decision. I will go ahead to meet them," she added.
She said she would discuss with her lawyers on the next course of action because it was necessary to find a remedy as it involved her children and their identification issues at the National Registration Department.
When asked about several items such as an amulet, a statue and bones in a small bottle claimed to have been found by Awie in their matrimonial home in Ampang, Rozana said they were found after she left the house and that anyone could have planted them there.
In his court papers, Awie had claimed that he was confident that his marriage certificate was genuine and had used it to register the births of his three children.
On July 21 last year, Awie obtained a temporary custody order from another Syariah High Court.
Awie married Rozana according to Islamic rites in Songkhla, southern Thailand, on June 20, 2005. They have three children, sons Putra Ahmad Merrah, eight, Putra Ahmad Rezzki, seven, and daughter Puteri Qasseh Antasha, five.
On July 4 last year, Awie claimed trial at a Ampang magistrate's court to causing grievous hurt on Rozana at their house in Taman Ukay Bistari.
They earlier attended the second day of trial.