High Court to deliver Deepa's case decision on Dec 17

PUTRAJAYA: The Court of Appeal will deliver its decision on an appeal brought by a Muslim convert against a High Court ruling to grant permanent custody of his two children to his former wife on Dec 17.

The father, Izwan Abdullah, had filed an appeal against a Seremban High Court decision on April 7 to grant custody of his two children (who were converted to Islam by Izwan) to their Hindu mother S. Deepa.

Today, both parties submitted on whether the High Court (Seremban) has the jurisdiction to hear family proceedings, when one party had converted to Islam.

Izwan's lawyer, Haniff Khatri Abdulla, said the civil High Court does not have the jurisdiction to grant permanent custody, instead, the Syariah Court has the jurisdiction.

He said there is no requirement for both parties to be Muslims to go to a Syariah Court.
He said by reference to Islamic Jurispundence or "Hukum Syarak", the Syariah court has jurisdiction over non- Muslims.

He said in conversion cases, the Syariah Court is duty bound to resolve by applying the correct Islamic principles and where the situation justifies, to grant necessary relief to a non-Muslim spouse.

In reply, Deepa's lawyer Fahri Azzat said the civil High Court has the jurisdiction as the marriage was governed under the Law Reform (Marriage and Divorce) Act 1976, even if one spouse has converted to Islam.

"I think, the law as it stands, is very clear," said Fahri, adding that the appeal should be dismissed with costs.

N. Viran, who converted to Islam on Nov 26, 2012 and had changed his name to Izwan, married Deepa, according to Hindu custom on March 19, 2003.

Izwan had registered the conversion of his children, V. Shamila, nine, and V. Mithran, six, and had their names changed to Nur Nabila Izwan and Muhammad Nabil Izwan respectively.

On April 9, 2014, Izwan took away Mithran from Deepa's house. Consequently, Deepa had filed for a recovery order to the High Court pursuant to Section 53 of the Child Act 2001.
The matter on the recovery order will be heard on Dec 17.

On the same date, the same panel of judges, Datuk Abdul Aziz Abdul Rahim, Datuk Tengku Maimun Tuan Mat and Datuk Ahmadi Asnawi, will deliver the decision on another custody battle case involving M. Indira Gandhi.
Earlier, Haniff said Indira's case decision may be relevant to their case.