Loh withdraws appeal against Maips involvement in custody case

Loh Siew Hong has withdrawn her apex court appeal against Perlis Islamic Religion and Malay Customs Council (Maips) intervening in her interfaith custody case involving her three unilaterally converted children.

The single mother’s lawyers from Gunamalar Law Chambers filed the notice of discontinuance at the Federal Court earlier today. The apex court was initially scheduled to hear her leave application tomorrow.

When contacted, lawyer J Gunamalar confirmed the withdrawal of the appeal over a Court of Appeal ruling that allowed Maips to intervene in the custody case before the civil family court, and that all parties have agreed to no costs in the matter.

“We believe that the most important thing is on Oct 19 (hearing before the Court of Appeal), which is our appeal in the judicial review matter (over Loh’s bid to nullify the Islamic conversion of her children by her former husband Muhammad Nagahswaran Muniandy),” Gunamalar told Malaysiakini.

On June 15 last year, the Kuala Lumpur High Court (Family Civil Jurisdiction) denied Maips' application to intervene in the custody case involving three children - 15-year-old twin girls and an 11-year-old boy.

However, on Feb 7, the Court of Appeal allowed Maips’ appeal to intervene in the custody case so that the state Islamic body would have legal standing to apply to vary the custody order of the three children.

Maips seeks a variation of the civil court custody order so that the council could provide Islamic education to the children while being under their non-Muslim mother’s care.

The civil family court on Wednesday is set to hear Maips’ variation application, with Loh’s legal team having previously indicated they would oppose the bid.

In the divorce petition, Loh, 35, was granted sole custody, care, and control over the children from Muhammad, 35.

On Feb 21 last year, Loh’s children, who were under the care of the Social Welfare Department, were released to their mother after the High Court allowed her habeas corpus application. - Mkini