Sept 27 hearing for MAIPs, ex-husband’s bid to vary custody order to Loh
Sept 27 hearing for MAIPs, ex-husband’s bid to vary custody order to Loh
KUALA LUMPUR: An application by the Perlis religious authorities and the ex-husband of Loh Siew Hong to vary a 2020 custody order issued by a High Court will be heard on Sept 27.
Loh’s lawyer, Gunamalar Joorindanjn, said the date was fixed by High Court senior assistant registrar Haslinda A Raof during a case management last week.
“Parties have been directed to file their written submissions by Sept 1. Submissions in reply, if any, are to be filed by Sept 15,” Gunamalar told FMT.
The application to vary the custody order will be heard by Justice Hayatul Akmal Abdul Aziz, after Justice Evrol Mariette Peters recused herself.
On Feb 7, the Court of Appeal quashed a ruling delivered by Peters, last year, and allowed the Perlis Islamic Religious and Malay Customs Council (MAIPs) to intervene in the proceedings.
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The decision has enabled the council to pursue a variation of the custody order obtained by Loh over her three children. Loh’s ex-husband Muhammad Nagahswaran Muniandy had also joined the application to vary the order.
Meanwhile, Loh is seeking leave from the Federal Court to appeal the Court of Appeal decision and has applied to the High Court to stay the custody variation application.
Nagahswaran is said to have taken the children to Perlis, where he unilaterally converted them to Islam on July 6, 2020.
The 15-year-old twin girls and an 11-year-old boy were then placed under the care and control of preacher Nazirah Nanthakumari Abdullah.
On March 31, 2020, the High Court granted Loh full custody of her children. Her divorce from Nagahswaran was finalised on Sept 23, 2021.
Loh also took out a habeas corpus application in the High Court, which Justice Collin Lawrence Sequerah allowed in February last year.
That decision paved the way for a reunion between the mother and her children.
However, on May 11, another High Court dismissed Loh’s judicial review application challenging the unilateral conversion of her children to Islam.
Justice Wan Ahmad Farid Wan Salleh held that the children were still Muslims. He said their conversion certificates were conclusive proof of the change in their religious faith.
Single mother Loh Siew Hong was granted custody of her three children in March 2020.
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