KUALA LUMPUR: Loh Siew Hong’s application to stay a bid by the Perlis religious authorities and her ex-husband to vary a 2020 custody order pending her application for leave to appeal to the Federal Court will be heard next month.
Loh’s lawyer, Gunamalar Joorindanjn, said the date was fixed by High Court senior assistant registrar Rozianti Hanaphi during case management today.
She said Justice Evrol Mariette Peters, will hear the application on July 6 at 2pm.
On Feb 7, the Court of Appeal quashed a ruling delivered by Peters’ last year and allowed the Perlis Islamic Religious and Malay Customs Council (MAIPs) to intervene in the proceedings.
The decision has enabled the council to seek a variation of a custody order obtained over her three children. Loh’s ex-husband Muhammad Nagahswaran Muniandy had also joined the application to vary the order.
The single mother filed an application in the Federal Court for leave to appeal the Court of Appeal ruling. The application is set to be heard online on July 6 at 9am.
The application to vary the custody order will be heard by Justice Hayatul Akmal Abdul Aziz after MAIPs applied to recuse Peters. So far, no date has been fixed for the hearing of this application.
Nagahswaran is said to have taken the children to Perlis, where he unilaterally converted them to Islam on July 6, 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, on May 11, another High Court dismissed Loh’s judicial review application challenging the unilateral conversion of her children to Islam.
Justice Wan Ahmad Farid Wan Salleh held that the children were still Muslims. He said their conversion certificates were conclusive proof of the change in their religious faith. - FMT
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