Be a gentleman and return the children, MCA tells Muslim-convert husbands

MCA’s Syariah law and policy implementation special task force secretary Loh Seng Kok said the two men should refrain from dragging their children into the disputes with their ex-wives.

“We urge both convert fathers to have some decency and humanity to reunite the daughter and son with their respective mothers rather than using their very own flesh and blood in a tug-of-war battle to up the ante against their ex-wives,” he said in a press statement.

“A growing child needs nurturing and support from both mother and father, and not by one parent alone. After all, both mothers have said they allow their ex-husbands access and visitation rights as granted by the civil courts,” he added.

Loh said the MCA also welcomed the Court of Appeal’s ruling in S. Deepa’s case where it had said that only the civil court can dissolve marriages contracted by civil law.

The court on Wednesday had also dismissed the custody appeal by the convert husband Izwan Abdullah by ruling that the Syariah Court has no jurisdiction to dissolve a marriage solemnised under civil law.

The court had also ruled that the Syariah Court can merely confirm the dissolution of a marriage due to a conversion, and that it is the civil court which has jurisdiction to grant custody.

Izwan or formerly known as N. Viran had unilaterally converted his children V. Sharmila, nine and V. Mithran, six to Islam, without the knowledge of their mother, S. Deepa.

In April 2012, the Syariah Court had granted the custody of the two children to Izwan but In May, the Seremban High Court had squashed the ruling and ordered the father to return Mithran to Deepa.

However, in the case of M. Indira Gandhi, the same three-member panel, chaired by Justice Datuk Abdul Aziz Ab Rahim also ruled that Inspector-General of Police (IGP) could not be forced to arrest a Muslim-convert father and for the latter to return his daughter to his Hindu ex-wife.

Indira’s ex-husband Mohd Ridhuan Abdullah was served a court order and warrant of arrest when he failed to return the couple’s youngest child to the mother.

The child, Prasana Diksa was 11 months-old when Mohd Ridhuan had took off with her. Prasana is six-years-old now.