Children must be present, says Federal Court

PUTRAJAYA: The Federal Court wants the two children of divorced couple S. Deepa and former husband, a Muslim convert, to be present when it delivers its decision on their custody battle.
Currently, their 10-year-old daughter is living with Deepa while their seven-year-old son is with the father Izwan Abdullah.
After hearing submission from all parties, Justice Tan Sri Md Raus Shariff said the judges will deliver the decision, on a date to be fixed later.
“We want the two children to be present, when we deliver the decision,” said Md Raus, who led the five-member panel of judges comprising Tan Sri Zulkefli Ahmad Makinudin, Tan Sri Abdull Hamid Embong, Tan Sri Suryadi Halim Omar and Datuk Azahar Mohamed. Deepa and Izwan attended the proceedings.
Izwan, formerly known as N. Viran, married Deepa according to Hindu custom on March 19, 2003. He converted to Islam on Nov 26, 2012. He then converted his children, V. Shamila and V. Mithran to Islam and changed their names to Nur Nabila and Muhammad Nabil .
In 2012, the Syariah Court granted custody to Izwan. On April 7, 2014, the Seremban High Court granted the custody of the two children to Deepa. Izwan filed an appeal against the Seremban High Court’s decision. On April 9, 2014, Izwan took away Mithran from Deepa’s house.
Consequently, Deepa obtained a recovery order under the Child Act 2001, from the High Court, whereby, the police were to assist, in getting back the child.
Today, both parties submitted in an appeal brought by Izwan against the custody and recovery order given to Deepa by the High Court. (The Court of Appeal also upheld the High Court order).