The Federal Court today ordered Muslim convert
Izwan Abdullah to produce his son in court, failing which it would not
allow the hearing of his application for a stay of the recovery order
that is due to be heard on Jan 14.
The order was made by Chief Judge of Malaya Zulkefli Ahmad Makinuddin, who chaired a five-member bench, following a preliminary objection made by S Deepa's lawyers.
“The court will give the applicant one more chance, on condition the child must be brought to court on the next date,” Justice Zulkefli said, adding that failure to do so would risk Izwan facing action for contempt of court.
Deepa's lawyers, led by Aston Paiva (left), objected to the stay application to be heard on grounds Izwan was in contempt of court for snatching
the child from his mother's home in Jempol two days after the Seremban
High Court order granting her custody of their two children.
The other judges sitting with Justice Zulkefli were the Chief Judge of Sabah and Sarawak Justice Richard Malanjum and Federal Court judges Suriyadi Halim Omar, Abdull Hamid Embong and Md Apandi Ali.
Besides Aston, Fahri Azzat and Joanne Leong appeared for Deepa. Leong, when contacted, informed Malaysiakini of today’s Federal Court decision.
Leong said if Izwan @ N Viran failed to produce the son, he would risk facing contempt and may not be able to proceed with his appeal.
The High Court in Seremban on April 7 last year granted custody of the couple's six-year-old son and nine-year-old daughter to Deepa (right).
Izwan took the child away on April 9, two days after the Seremban High Court order, resulting in Deepa suffering injuries when she tried to stop her former husband from escaping with the child in a car.
Boy's grandmother also pleads for return
The Court of Appeal last month unanimously dismissed Izwan's appeal against the Seremban High Court order granting custody of their two children to Deepa.
A recovery order for the boy was made following Izwan's taking away the underaged boy by force.
A three-member bench of the Court of Appeal granted a three-week stay of execution on the order for the recovery of the child, resulting in the appeal being heard by the Federal Court today.
Inter-faith custody battles in the country have been a thorn, as there were many cases, such as that of R Subashini and Dr M Jeyaganesh, brought before the civil High Court and Syariah High Court.
Besides the S Deepa vs Izwan case, there is an on-going case of kindergarten teacher M Indira Gandhi (right) vs Mohamad Ridhuan Abdullah, Indira's former husband.
Deepa and Viran were married in 2003. He converted to Islam and as Irwan obtained custody of both their children from the Syariah High Court in Seremban on Sept 19 2013.
The children were converted to Islam in April 2013, without their mother’s knowledge.
A day after the Court of Appeal decision, Deepa's mother, Siti Aishah Abdullah, pleaded to her former son-in-law to return her grandson.
Siti Aishah said the court (of Appeal) had made a decision and she hoped Izwan would abide by it.
Lawyer Hanif Khatri Abdullah appeared for Izwan in today's proceedings.
WAO welcomes court's decision
The Women's Aid Organisation (WAO) welcomed the Federal Court’s order that Izwan to bring his six-year-old son to court.
WAO further adds that the apex court’s decision also agreed that Izwan would be in contempt if he did not comply with the custody order issued by the Seremban High Court.
"Izwan cannot appear in court until he purges his contempt. The Federal Court ordered Izwan to comply with the custody order by bringing his son to court by Jan 14.
"The decision is yet another affirmation - this time by the highest court in the land - of Deepa's rights as a mother to be with her children whom she had lawfully obtained custody," the NGO said in a statement.
WAO warned that the court's decision would be meaningless unless Izwan complied with it and urged him to respect the rule of law and return their six-year-old son to the mother.
The order was made by Chief Judge of Malaya Zulkefli Ahmad Makinuddin, who chaired a five-member bench, following a preliminary objection made by S Deepa's lawyers.
“The court will give the applicant one more chance, on condition the child must be brought to court on the next date,” Justice Zulkefli said, adding that failure to do so would risk Izwan facing action for contempt of court.
Deepa's lawyers, led by Aston Paiva (left), objected to the stay application to be heard on grounds Izwan was in contempt of court for snatching
the child from his mother's home in Jempol two days after the Seremban
High Court order granting her custody of their two children.The other judges sitting with Justice Zulkefli were the Chief Judge of Sabah and Sarawak Justice Richard Malanjum and Federal Court judges Suriyadi Halim Omar, Abdull Hamid Embong and Md Apandi Ali.
Besides Aston, Fahri Azzat and Joanne Leong appeared for Deepa. Leong, when contacted, informed Malaysiakini of today’s Federal Court decision.Leong said if Izwan @ N Viran failed to produce the son, he would risk facing contempt and may not be able to proceed with his appeal.
The High Court in Seremban on April 7 last year granted custody of the couple's six-year-old son and nine-year-old daughter to Deepa (right).
Izwan took the child away on April 9, two days after the Seremban High Court order, resulting in Deepa suffering injuries when she tried to stop her former husband from escaping with the child in a car.
Boy's grandmother also pleads for return
The Court of Appeal last month unanimously dismissed Izwan's appeal against the Seremban High Court order granting custody of their two children to Deepa.
A recovery order for the boy was made following Izwan's taking away the underaged boy by force.
A three-member bench of the Court of Appeal granted a three-week stay of execution on the order for the recovery of the child, resulting in the appeal being heard by the Federal Court today.
Inter-faith custody battles in the country have been a thorn, as there were many cases, such as that of R Subashini and Dr M Jeyaganesh, brought before the civil High Court and Syariah High Court.
Besides the S Deepa vs Izwan case, there is an on-going case of kindergarten teacher M Indira Gandhi (right) vs Mohamad Ridhuan Abdullah, Indira's former husband. Deepa and Viran were married in 2003. He converted to Islam and as Irwan obtained custody of both their children from the Syariah High Court in Seremban on Sept 19 2013.
The children were converted to Islam in April 2013, without their mother’s knowledge.
A day after the Court of Appeal decision, Deepa's mother, Siti Aishah Abdullah, pleaded to her former son-in-law to return her grandson.
Siti Aishah said the court (of Appeal) had made a decision and she hoped Izwan would abide by it.
Lawyer Hanif Khatri Abdullah appeared for Izwan in today's proceedings.
WAO welcomes court's decision
The Women's Aid Organisation (WAO) welcomed the Federal Court’s order that Izwan to bring his six-year-old son to court.
WAO further adds that the apex court’s decision also agreed that Izwan would be in contempt if he did not comply with the custody order issued by the Seremban High Court.
"Izwan cannot appear in court until he purges his contempt. The Federal Court ordered Izwan to comply with the custody order by bringing his son to court by Jan 14.
"The decision is yet another affirmation - this time by the highest court in the land - of Deepa's rights as a mother to be with her children whom she had lawfully obtained custody," the NGO said in a statement.
WAO warned that the court's decision would be meaningless unless Izwan complied with it and urged him to respect the rule of law and return their six-year-old son to the mother.
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