DEEPA, DON'T CELEBRATE YET! Why allow a stay - Seai Kie warns Appeal court ruling 'worrisome'

While welcoming the unanimous decision by the Court of Appeal that the Inspector General of Police must initiate the recovery order issued by the Ipoh High Court against the ex-husband of Indra Gandhi for contempt, Wanita MCA is uncomfortable as to why the same panel had allowed the IGP and the Attorney General to be interveners in the Seremban High Court case between S. Deepa and the ex-husband on grounds that there was conflict of jurisdiction since both the Seremban civil and Syariah Courts had separately awarded custody of the children to either mother or father.

Wanita MCA observes that S. Deepa’s counsel had clearly pointed out that the Appeal Court’s ruling “only applied to the police, and that Izwan was still required to return the child to its mother (Star Online, 10 Sept 2014).” Hence, Izwan MUST return the son to his ex-wife’s custody.

Wanita MCA is deeply concerned and indeed worried that as the Appeal Court had allowed a stay in the recovery order issued by the High Court, the IGP and AG have been given the green light from executing the High Court order. This sets an extremely bad precedent as it tantamount to the Appeal Court endorsing the contemptuous attitude of the IGP who had wantonly disregarded the High Court decision, and aggravated by allowing them to be interveners for the non-complying Mualaf husband.

We are distressed that such a scenario may open the floodgates of more minor children abductions by disputing parents and, the deliberate difficulties put in place to trace them thereafter to spite the other parent whom custody was originally awarded to by the civil court.

The women’s wing of MCA reiterates the party position that all disputes involving dissolution of marriage which was contracted by civil law, and minor child custody must be resolved through civil courts. Determination of the minor child’s religion must be agreed upon by both parents (ibubapa) as originally stated in the Perlembagaan Persekutuan, failing which, the minor child’s religion remain as status quo until he/she reaches the age of majority ie 18 years upon which, he/she decides.

Correct Article 12(4) of Federal Constitution to read “parents”

For the avoidance of doubt, we urge the Attorney General Chambers to correct the anomaly in Article 12(4) of the Perlembagaan Persekutuan which up to the 1970 version as printed by the government printers read as “ibubapa” before it was mysteriously switched to “ibu atau bapa” currently regarding determining the minor child’s religion. It should be read as “ibubapa” or “parents” (plural) as originally intended.

Wanita MCA recognises that each disputing party has the right to appeal against any court judgement at every level. However, so long as the marriage was contracted by civil law, such processes MUST go through the civil courts, and the aggrieved party must obey the civil court’s ruling at every level even if it is not in his/her favour. It is essential to uphold the integrity of the judiciary system of the country so that there is no abuse of the system should any parent embrace a new religion, and take advantage of the state religious authorities and Syariah court to win custody of the minor children.

It is Wanita MCA’s hopes and prayers that S. Deepa will be reunited with her son soonest. We hope that justice will prevail and that such incidents of child abduction and unilateral conversion will not recur in the future.

Datuk Heng Seai Kie

Wanita MCA National Chairman