Indira gets to keep all three children

By Clara Chooi - The Malaysian Insider

IPOH, April 1 — Kindergarten teacher M.Indira Gandhi has won another battle to keep her children when the High Court here today rejected her Muslim-convert husband’s application to stay her custody order.

The court ordered for Mohd Ridzuan Abdullah to immediately surrender the youngest child to Indira’s custody.

She had burst into tears when her lawyers emerged from chambers with the good news this afternoon, and said that she was looking forward to celebrating her toddler’s birthday on April 8.

Her counsel M. Kulasegaran said that Justice Wan Afrah Wan Ibrahim, in delivering the decision, had said that there were no “special circumstances” for the stay order to be granted. “As such, the child must be returned immediately, no question about it.

“As far as we are concerned today, Indira’s custody battle in the High Court of Malaya ends today,” he said.

But he said Ridzuan could still appeal the custody order in the Court of Appeal.

“But in the meantime, the children stay in Indira’s care. If her husband fails to surrender them, we will initiate contempt proceedings and you can say that he will face the prospect of a jail term,” said Kulasegaran.

He added that he would continue to raise the issue in Parliament in order to find a way out of the present deadlock.

“I raised it last week. I am expecting an answer today or some time soon,” he said.

Tomorrow, the Ipoh High Court will deliver yet another decision — whether to overturn the conversion certificates obtained for Indira’s three children — Tevi Darsiny, 13, Karan Dinish, 12, and Prasana.

The three were converted to Islam last April by their father, without Indira’s knowledge. The court’s decision however, whichever way it goes, will likely be just another added ingredient to the already messy inter-religious custody battle.

“Until the Parliament amends the related laws, nothing can be done. This is the only way out,” said Kulasegaran.

The Cabinet had last year decided that in such custody disputes, the children remains in the religion of the parents at the time of their marriage.

The matter was later referred to the Malay Rulers to decide but no concrete decision has yet been made.

For now however, the big question remains on the whereabouts of the 23-month-old Prasana Diksa and when she would be returned.

Mohd Ridzuan, who presently resides in Kelantan, had only admitted that the child was in the hands of some school authorities in the state. He did not turn up in court today.

Indira told reporters that she was very happy with the court’s decision and was looking forward to seeing her precious toddler again.

“I cannot wait to see her. We have a big birthday bash planned for her return. I missed her first birthday because of this fight with my husband... I am not about to miss her second one,” she said.

She was granted custody to all three children on March 11 but did not see her child because Mohd Ridzuan had filed the application to stay the order on the very same day.