Case management date set for Muslim-convert father's appeal

The Court of Appeal has fixed Aug 22 for further case management in the appeal brought by a Muslim-convert father against a High Court's order which had given custody of his two children to his Hindu ex-wife.

Deputy registrar Emelia Kaswati Mohamad Khalid also fixed the same day for case management in respect of N. Viran's appeal on a recovery order obtained by his ex-wife, S. Deepa from the High Court in Seremban, directing the police to locate her six-year-old son, Mithran who was with Viran.

Viran, whose Muslim name is Izwan Abdullah, had allegedly taken Mithran away from Deepa, two days after the High Court ruling on April 7, this year, which gave her custody of Mithran and her nine-old-year daughter, Sharmila.

His (Viran's) appeal against the custody order came up for case management before Emelia today, in her chambers.

Appearing for Viran was lawyer Mohd Kamarul Arifin Mohd Wafa while Deepa was represented by lawyer Joanne Leong.

On April 7, this year, the High Court allowed Deepa's application for custody of her children and also granted Viran weekly visitation rights.

The same court also granted her application to dissolve her civil marriage since Viran had converted to Islam.

The couple were married in March 2003.

Izwan, who became a Muslim in 2011, converted the children without his wife's knowledge in the same year and subsequently, obtained an order from the Seremban Syariah Court for custody, care and control of the children.

On May 27, this year, Viran failed in his application to obtain an order from the Court of Appeal to stay the High Court's decision in granting custody to Deepa, pending hearing of his appeal on the matter.

Meanwhile, Leong said the Court of Appeal would hear on July 24, the application by the attorney-general and the inspector-general of police to intervene in Viran's appeal, in respect of the recovery order.

It was reported that on the same day, the Court of Appeal would also hear similar applications from the attorney-general and inspector-general of police to intervene in the case of M. Indira Ghandhi whose Muslim convert ex-husband Mohamad Riduan Abdullah had yet to hand over their youngest daughter to her, despite a 2010 Ipoh High Court order awarding her custody of their three children.