Unilateral conversion of Indira Gandhi's three children null and void: Federal Court (Updated)

29 Jan 2018 / 15:26 H.

PUTRAJAYA: In a landmark decision, the Federal Court ruled that the unilateral conversion of M. Indira Ghandi's three children to Islam by her Muslim convert ex-husband is null and void.
Federal Court judge Tan Sri Zainun Ali said the consent of both parents is required for the conversion of a minor.
"The consent of both parents must be sought. The article should not be construed literally, it requires the consent of both parents. The appellant, is a dominant influence in their lives. This is a serious interference in their lives, it would be a very wrong thing," Zainun said in reading out the summary of a 99-page judgement.
"The issue of religious conversion is a controversial issue, with discussion in the public domain. The Executive and legislature have been contemplating making amendments. We would like to state here, as judges, we are not swayed by our own religious sentiment. We judges cannot help being Malay, Chinese or Indian and tried not to be identified with any particular religion."
Indira's nine-year legal battle came to an end with the verdict from a five-man panel chaired by Court of Appeal president Justice Tan Sri Zulkefli Ahmad Makinudin.
The other judges in the panel are Justices Tan Sri Richard Malanjum, Tan Sri Zainun Ali, Tan Sri Abu Samah Nordin and Tan Sri Ramly Ali.
Zainun also said that the High Court has jurisdiction over the Syariah Court since the appellant is a non-Muslim and cannot appear in the Syariah Court.
"As the Syariah Court cannot hear the appellant's application, we conclude that the High Court has jurisdiction. It is evident that the two courts operate on a different footing altogether. Power to review rests solely with the civil courts," she concluded.
Earlier, Indira was a picture of calm as she arrived at court at 8.30am. Riduan and her children were not present at the courthouse.
In 2009, a Syariah Court in Ipoh gave Indira's ex-husband Riduan who was formerly known as K. Pathmanathan, custody of their three children, Tevin Darsiny, Karan Dinish, and Prasana, after he unilaterally converted them to Islam.
In 2010, the Ipoh High Court granted Indira full custody of all three children and Riduan was ordered to return Prasana Diksa to Indira.
On Dec 2015, the Court of Appeal overturned the Ipoh High Court ruling on the case and ruled that the matter of conversion fell under the sole purview of the Syariah Court.
On Feb 10, the Federal Court ruled that the civil court should decide on the custody of the children who were converted to Islam.

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