Interfaith custody battle: Orang Asli Muslim convert mum fails appeal

 

An Orang Asli woman who converted to Islam has failed in her appeal to quash a habeas corpus order for her to hand over her daughter to her former husband who is a non-Muslim.

The Federal Court today dismissed the mother's appeal against the Kuantan High Court order that allowed the Orang Asli father's bid involving their 10-year-old girl.

The unanimous ruling by the three-person bench chaired by judge Harmindar Singh Dhaliwal means the daughter will remain with the father pending disposal of the couple's ongoing custody battle before the Kuantan High Court.

In May last year, a video went viral showing the 37-year-old mother reluctantly parting with her daughter, then aged nine, as a police officer looked on at the Kuantan Courts Complex.

The incident was recorded immediately after the Kuantan High Court allowed the 44-year-old father's habeas corpus.

Right of custody

During today’s apex court proceedings, Harmindar ruled that the de facto custody right was held by the father and that it was proper for the habeas corpus to be allowed while the child custody proceedings between the feuding former couple proceed before the High Court.

“The evidence before the High Court and before us (Federal Court) suggested that the respondent (father) has the de facto custody of the child for four years until the child was taken away by the appellant (mother),” Harmindar said on behalf of fellow bench members Abu Bakar Jais and Abdul Karim Abdul Jalil.

However, Harmindar pointed out that today’s apex court ruling does not affect the ongoing child custody proceedings before the High Court.

He also reminded the media to respect the ongoing gag order issued by the High Court last year against the publication of the child’s name as well as that of the parents.

The father and mother were seen seated at opposite ends of the public gallery of the apex court during proceedings.

It was reported that the mother, who hails from Besut, Terengganu, divorced from the father in 2018, and that she lodged a police report claiming that her ex-husband neglected their daughter. - Mkini