SC upholds divorce granted to Muslim couple

MANILA, Philippines – The Supreme Court (SC) has upheld the divorce granted by a Shari’a court in Cotabato City to a Muslim couple.

In a 19-page decision promulgated last Jan. 12, which was released on Thursday,  the high court affirmed the ruling of the Shari’a District Court (SDC) in March 2012 granting the petition  of John Maliga for judicial confirmation of talaq, or divorce under Islamic law. 

The SC also affirmed the SDC order awarding a mut’a or condolatory gift of P24,000 to Maliga’s wife, Sheryl Mendez, a former Catholic, who converted to Islam in 2008.

Maliga filed for the divorce, saying Mendez did not submit herself to Islam despite her conversion.

The SC, however, voided the SDC ruling on the grant of  custody of the couple’s daughter to Maliga, saying it violated Mendez’s right to due process. 

The court said there was no finding by the Shari’a court that Mendez was unfit or that Maliga was in a better position to take custody of their daughter.