Indira’s application has been delayed to await a Federal Court ruling on a similar case. — file pic
KUALA LUMPUR, April 30 — The Ipoh High Court today delayed its decision on a judicial review application by kindergarten teacher, M. Indira Gandhi, to quash the conversion of her three children last year.
Lawyer M. Kulasegaran said the delay was to allow the court to wait for the outcome of another case involving Hindu mother S. Shamala, which is due in the Federal Court on Monday.
“The court was afraid that the Federal Court’s decision would affect Indira’s case so he (the judge) fixed the matter for next Friday, May 7, instead,” he told The Malaysian Insider this morning.
He noted that this was conveyed to the lawyers for both parties in chambers by High Court Judge, Zainal Adzam Abdul Ghani.
The judge had already dithered on the case earlier this month after hearing submissions from both parties, saying the matter involved complex points of law and would likely be a landmark decision.
Indira is seeking for the religious conversions of her three children to Islam to be quashed, and declared null and void.
During submissions, the defendants in the case had argued that the civil High Court had no jurisdiction to hear the matter as it involved three Muslim children.
Kulasegaran, however, maintained that as a non-Muslim, Indira had no other avenue for legal redress other than in the civil courts.
He had also claimed that the conversions were mere allegations for now, as the three children had been converted when they were still of infant age.
Indira is also arguing that during the time of the conversion last year, only her Muslim-convert husband, Mohd Ridzuan Abdullah (formerly known as K. Pathmanathan) had been present.
He had named his eldest Tevi Darsiny, 13, as Umu Salamah; his son Karan Dinish, 12, Abu Bakar; and toddler Prasana Diksa, two, as Umu Habibah.
Like Indira, Shamala is also a Hindu mother whose two children were converted to Islam by her husband, Dr Jeyaganesh C. Mogarajah, without her knowledge or consent.
Earlier this month, a separate High Court in Ipoh had granted full custody of the three children to Indira.
Mohd Ridzuan, however, had ignored the order despite failing to obtain a stay on the decision and continued to keep custody of his youngest daughter, Prasana, who presently resides with him in Kelantan.
Indira will soon initiate contempt proceedings against her estranged husband for failing to abide by the court order.
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