KUALA LUMPUR: Justice Hayatul Akmal Abdul Aziz has been assigned to hear an application by the Perlis Islamic Religious and Malay Customs Council (MAIPs) to vary a custody order made in favour of single mother Loh Siew Hong over her three children.
Loh’s lawyer, Gunamalar Joorindanjn, said this was conveyed to the parties involved by High Court senior assistant registrar Rozianti Hanaphi during a case management today.
The application to vary the custody order is being made by MAIPs and Loh’s ex-husband Muhammad Nagahswaran Muniandy.
Gunamalar said a case management will be held on June 8 for parties to obtain further instructions.
In a letter dated March 20, the state Islamic body sought the recusal of Justice Evrol Mariette Peters, who on June 15 last year, dismissed MAIPs’ application to intervene after finding that it had failed to show it was an interested party in relation to the children.
On Feb 7 this year, the Court of Appeal quashed Peters’ ruling and allowed MAIPs to intervene in the proceedings, paving the way for the council to apply to vary the custodial order over the children.
Loh has filed an application in the Federal Court for leave to appeal the Court of Appeal ruling. The application is set to be heard on July 6.
Meanwhile, Peters will hear Loh’s application to stay the variation proceedings pending the outcome of her leave application in the apex court.
Gunamalar said parties are to file their submissions by Friday and a case management will be held on May 31.
Lawyer Danial Farhan represented MAIPs while Vhimall Murugesan appeared for Nagahswaran in today’s proceedings.
Nagahswaran is said to have taken the children to Perlis, where he unilaterally converted them to Islam on July 7, 2020.
The 15-year-old twin girls and an 11-year-old boy were placed under the care and control of preacher Nazirah Nanthakumari Abdullah.
On March 31, 2020, the High Court granted Loh full custody of her children. Her divorce from Nagahswaran was finalised on Sept 23, 2021.
Loh also took out a habeas corpus application in the High Court, which was allowed by Justice Collin Lawrence Sequerah in February last year.
That decision paved the way for a reunion between the mother and her children.
However, another High Court, dismissed Loh’s judicial review application on May 11.
Justice Wan Ahmad Farid Wan Salleh held that the children were still Muslims. He said their conversion certificates were conclusive proof of the change of their religious faith. - FMT
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