Clerk demands Muslim ex-spouse bring son to court

S. Deepa is fighting for the return of her son abducted by her ex-husband despite a court order. – The Malaysian Insider file pic, January 6, 2015.

Clerk S. Deepa has given her Muslim convert ex-husband until next week to produce their seven-year-old son whom he abducted in court if he wants the Federal Court to hear his leave applications to keep the boy.

Lawyer Fahri Azzat, who is representing Deepa, told a five-man Federal Court bench today that his client would not raise Izwan Abdullah's contempt of court provided he brought their son Mithran along at the next proceedings.

Panel chairman Tan Sri Zulkelfi Ahmad Makinuddin, who remarked that Deepa's request was fair, then adjourned the hearing to January 14.

The bench was today scheduled to hear Izwan's leave applications against custody and recovery orders before the apex court decide the merit of the appeals.

Fahri told The Malaysian Insider that Izwan was given one last chance to bring the boy if he wanted the court to hear his leave the appeal applications.

"Failure to produce the boy means that Izwan is still in contempt," he added.

A Federal Court had earlier ruled that no interim applications and appeals would be heard of a person who had shown disrespect to court orders.

Iwzan, who was reprsented by Mohd Hanif Khatri Abdullah, was not in court today.

On April 7 last year, the Seremban High Court granted Deepa, a Hindu, custody of the couple's two children.

The civil court's decision overrode a Shariah Court ruling in April 2012 that granted Izwan custody of the children, Sharmila (Nurul Nabila), 9, and Mithran.

Izwan (pic, right), formerly known as N. Viran, unilaterally converted the children without Deepa's knowledge in April 2012.

Two days after the High Court order, Izwan abducted Mithran from Deepa's home in Jelebu, Negri Sembilan, and has kept the boy since.

Deepa then obtained a recovery order from the High Court on May 21 last year to get police to search for and recover Izwan and Mithran.

On December 17, the Court of Appeal dismissed Izwan’s appeal against the custody and recovery orders obtained by Deepa to get her son back.

The order, served on Bukit Aman, the police headquarters, on June 26, stated that Izwan must return the boy to Deepa, failing which police must locate the ex-husband to take the child from his unlawful custody.

However, police have refused to enforce the order.

Meanwhile Women's Aid Organisation (WAO) welcomed the one-week extension to Izwan for him to purge his contempt. 

"This decision is yet another affirmation by the highest court in the land of Deepa’s rights as a mother to be with her children, whom she has lawfully obtained custody of," WAO said in a statement.

It added that the court’s decision would be meaningless unless it is complied with.

"We urge Izwan to respect the rule of law and return the son to Deepa on 14 January 2015. We urge the police to enforce the rule of law and ensure the son is returned to Deepa," the group said.

To avoid future agony on other families, WAO repeated its call to amend family laws to explicitly disallow unilateral conversions as decided by the Cabinet in 2009.

- TMI