Friday, March 12, 2010

Landmark ruling: Court orders Muslim convert husband to return baby to wife

Published: Thursday March 11, 2010 MYT 2:14:00 PM

Updated: Thursday March 11, 2010 MYT 2:28:28 PM

Court orders Muslim convert husband to return baby to wife

By SYLVIA LOOI

IPOH: Kindergarten teacher M. Indira Gandhi, embroiled in a bitter custody battle with her Muslim convert husband, was given custody of her 22-month-old toddler by the High Court here.
Justice Wan Afrah Wan Ibrahim, who made the decision in her chambers Thursday, ordered that Prasana Diksa be handed over to Indira Gandhi, 35, immediately.
Indira Gandhi's lead counsel M. Kulasegaran said the order stated that Indira Gandhi's husband, now known as Mohd Ridzuan Abdullah, or anyone having custody of the child must return to the mother immediately.
"The judge said as Indira Gandhi's two other children are with her now, it is in the family's best interest that the toddler be returned to her," he said, adding that the court also ruled that Mohd Ridzuan was entitled to once-a-week visitation rights.
The judge, said Kulasegaran, also remarked that Mohd Ridzuan do not have a steady job.
Earlier, Kulasegaran said lawyers from the state Religious Department had objected to Justice Wan Afrah listening to the case.
"But the court said Indira Gandhi being a non-Muslim, she has no right to go to the Syariah Court therefore giving the High Court jurisdiction to hear the matter," he said.
Speaking to reporters outside of the courtroom, Indira Gandhi, who was at the court with her two elder children, Tevi Darsiny, 13, and Karan Dinish, 12, wept upon hearing the decision.
She thanked her lawyers for doing a good job.
"I hope he will return my baby to me as soon as possible," she said, adding that the last time she saw Prasana Diksa was in January.
Mohd Ridzuan did not speak to reporters after the decision and left the court accompanied by personnel of the state Religious Department.
Meanwhile in a separate court, the decision on Indira Gandhi's application for leave for a judicial review to quash the conversion of her three children to Islam was postponed to April 3.
Kulasegaran said the judge wanted to seek clarification on several issues first before deciding on the matter.

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