Minister in the Prime Minister's
Department Joseph Kurup says the Muslim convert accused of kidnapping
his son must abide by the Seremban High Court's decision, granting child
custody to his Hindu ex-wife.
Kurup, the de facto unity minister, said if Izwan Abdullah was
upset with the court decision, he should instead seek a remedy in
accordance to the proper procedures.
"The High Court's decision must be obeyed, if the father want custody he
should go back to the High Court according to the procedures set out
the the civil courts," he told journalists in Kuala Lumpur today.
The mother S Deepa alleged her ex-husband had assaulted her and
kidnapped their son two days after the Seremban High Court on April 7
granted her custody of her son and daughter, aged six and nine
respectively.
The tussle was controversial as Izwan, whose original name was N Viran,
had converted to Islam along with his children and obtained custody
through the syariah court.
The incident became the centre of attention after the Inspector-General
of Police Khalid Abu Bakar refused to act against Izwan, citing the
conflicting decisions by the civil and syariah court and urged them to
"talk it out".
Contempt of court
Kurup said if the matter was settled according to legal procedures, then
the conflicting decisions between the civil and syariah court does not
arise as it can be resolved in a proper manner.
He also urged Deepa to take legal action against her ex-husband after he
took away her son despite the Seremban High Court decision.
"I hope the mother can take action for contempt of court (against Izwan)," he said.
Kurup added he hope Deepa will also take action against Izwan for converting their children without her knowledge and consent.
"This is the legal requirement, any question of changing faith (of
underage children) should receive the consent from both parents but in
this case it was not done.
"That is why the High Court took action and it required initiative from the mother," he said.
Seremban High Court Judge Zabariah Mohd Yusof had granted custody of the
children to S Deepa but said any move to dispute the children's
conversion to Islam by the father had to be done in a separate court.
Deepa had said she will challenge the conversion while Izwan had
justified his action of taking away their son as an attempt to protect
the boy's faith.
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