The Seremban High Court today granted custody of two children to their Hindu mother after they had been converted to Islam by their father without her consent.
Justice Zabariah Mohd Yusof delivered her decision in chambers in favour of S Deepa, 30,(right in photo) who had filed for divorce and custody of her children last December.
However, Deepa will have to pursue a separate case to revoke the conversion of her son and daughter, aged six and nine respectively.
The High Court decision overrides a Syariah Court order early last year that granted custody of the children to N Viran @ Izwan Abdullah, who became a Muslim in April last year.
Justice Zabariah ruled in favour of the mother under Section 51 of the Law Reform Act, as Deepa and Viran's marriage in 2004 had been solemnised based on civil law.
Deepa had previously highlighted her situation at a dialogue with Persatuan Hindraf Malaysia chairperson P Waythamoorthy (left), while he was still a deputy minister in the Prime Minister's Department.
She had said that, when she sought a revocation certificate following her children's conversion, the Islamic authorities in Negri Sembilan had asked her to convert as well.
A teary-eyed Deepa expressed happiness but made it clear that she needs her children’s conversion to be revoked.
Women's Aid Organisation advocacy officer Sally Wangsawijaya, who accompanied Deepa, said that the decision "must be applauded".
Deepa was represented by R Jayamalar, who refrained from speaking to the media except for "applauding" the court’s decision.
The children were kept in chambers because the judge did not want them exposed to the media.
Decision ‘makes no sense’
Viran, 30, who works for Islamic NGO Kasih Sayang, was visibly angry after the decision was delivered.
He said the court’s decision "makes no sense" and that the Syariah Court delivers better judgments.
"If this is how it will be, do they want me to go back and drink arak haram (liquor)?" he shouted.
His lawyer Muhammad Faiz Fadzil said the decision will be challenged at the Court of Appeal.
Viran was granted visitation rights with supervision to the children, although details were not immediately available.
Justice Zabariah Mohd Yusof delivered her decision in chambers in favour of S Deepa, 30,(right in photo) who had filed for divorce and custody of her children last December.However, Deepa will have to pursue a separate case to revoke the conversion of her son and daughter, aged six and nine respectively.
The High Court decision overrides a Syariah Court order early last year that granted custody of the children to N Viran @ Izwan Abdullah, who became a Muslim in April last year.
Justice Zabariah ruled in favour of the mother under Section 51 of the Law Reform Act, as Deepa and Viran's marriage in 2004 had been solemnised based on civil law.
Deepa had previously highlighted her situation at a dialogue with Persatuan Hindraf Malaysia chairperson P Waythamoorthy (left), while he was still a deputy minister in the Prime Minister's Department.She had said that, when she sought a revocation certificate following her children's conversion, the Islamic authorities in Negri Sembilan had asked her to convert as well.
A teary-eyed Deepa expressed happiness but made it clear that she needs her children’s conversion to be revoked.
Women's Aid Organisation advocacy officer Sally Wangsawijaya, who accompanied Deepa, said that the decision "must be applauded".
Deepa was represented by R Jayamalar, who refrained from speaking to the media except for "applauding" the court’s decision.
The children were kept in chambers because the judge did not want them exposed to the media.
Decision ‘makes no sense’
Viran, 30, who works for Islamic NGO Kasih Sayang, was visibly angry after the decision was delivered.
He said the court’s decision "makes no sense" and that the Syariah Court delivers better judgments.
"If this is how it will be, do they want me to go back and drink arak haram (liquor)?" he shouted.
His lawyer Muhammad Faiz Fadzil said the decision will be challenged at the Court of Appeal.
Viran was granted visitation rights with supervision to the children, although details were not immediately available.
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