The Appeals Court today dismissed the appeal by Muslim convert Izwan Abdullah against a high court order granting custody to his ex-wife of the couple’s two children. – The Malaysian Insider file pic, December 17, 2014.
The Court of Appeal today threw out an appeal by a Muslim convert against a high court order granting custody to his ex-wife of the couple’s two children.
Judge Datuk Abdul Aziz Abdul Rahim, in dismissing Izwan Abdullah’s appeal, said the court was bound by an earlier federal court ruling that the shariah court had no jurisdiction over parties whose marriage was registered under the Law Reform (Marriage and Divorce ) Act 1976.
"The religious court could only confirm that dissolution of marriage had taken place when one of the spouses had converted."
The other judges on the panel were Datuk Ahmadi Asnawi and Datuk Tengku Maimun Tuan Mat.
On April 7, the Seremban high court granted Izwan's former wife, S. Deepa, custody of the couple's two children.
The decision overrode an April 2012 Shariah Court order granting Izwan custody of the children, Sharmila (Nurul Nabila), 9, and Mithran (Nabil), 6.
Izwan, who was formerly known as N. Viran, unilaterally converted the children without Deepa's knowledge in April 2012.
But, two days after the high court order, Izwan abducted Mithran from Deepa's home in Jelebu and has been holding on to the boy since.
- TMI
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