PUTRAJAYA, Jan 6 — Muslim convert Izwan Abdullah has to bring the child at the centre of a custody dispute to court, allowing the seven-year-old to meet his Hindu mother, Deepa Subramaniam, or risk being in contempt, the Federal Court has ruled.
Chief Judge of Malaya, Tan Sri Zulkefli Ahmad Makinudin, adjourned the hearing of Izwan's laywer Mohamed Haniff Khatri Abdulla's application for leave to appeal against the custody and recovery orders to January 14 to ensure Deepa would be able to meet the child, who was taken from her nine months ago.
Justice Zulkefli, who chaired the five-member panel today, said that the apex court will give Izwan a chance to cite the child as evidence before deciding on whether the application for leave can proceed and dispose of the contempt charges for noncompliance of the Seremban High Court ruling.
"We will give the applicant a chance on condition that the child must be brought to court on the next date of hearing," said the lead judge.
Izwan — formerly a Hindu by the name of Viran Nagapan — had snatched his son from Deepa’s house in Jelebu, Negri Sembilan on April 9, close to 48 hours after losing the custody dispute at the Seremban High Court on April 7.
The High Court also overturned a decision by the Shariah Court in 2012 to award Izwan custody of the children after he had converted them.
Justice Zulkefli agreed with Deepa's counsel Fahri Azzat that the apex court will not be able to hear the application for leave until charges against contempt of court is purged.
The panel will also decide on Inspector General of Police Tan Sri Khalid Abu Bakar and the Attorney-General’s Chamber's application as interveners to set aside the order to compel the police chief to recover the child.
Chief Judge of Sabah and Sarawak, Tan Sri Richard Malanjum, added that the arduous custody tussle has taken a toll on Izwan's and Deepa's two children.
"Why couldn't you all just settle this among yourself? The children are suffering. Why make it so difficult for them?" he commented.
But Haniff explained that the divorced couple had decided to take matters to court after failing to reach a settlement.
Izwan had decided to take up the matter at the country's highest court's after the Court of Appeal, on December 17, upheld the High Court's decision in awarding the custody both the children to Deepa and rejected the former's appeal.
The appellate court also ruled that the Shariah High Court did not have the jurisdiction on a marriage solemnised under the civil law.
Basing the Federal Court’s decision in the legal tussle between R. Subashini and her Muslim convert husband T. Saravanan in 2007, the appellate court judge Datuk Abdul Aziz Abd Rahman also said that child custody would continue to be under the jurisdiction of the civil court.
In the 2007 case, the apex court had decided that as the marriage was then contracted under the Law Reform (Marriage and Divorce) Act 1976, dissolution of the marriage and custody of the children in the union falls in the jurisdiction of the civil courts.
