KUALA LUMPUR – The Federal Court has set July 6 to hear the leave application appeal by single mother Loh Siew Hong to challenge the Court of Appeal’s decision allowing the Perlis Islamic Religion and Malay Customs Council (MAIPs) to intervene in her divorce proceedings.
Lawyer Danial Farhan Zainul Rijal when contacted said it was set during an online case management before Deputy Registrar Rosidah Roslee, which was also participated by Loh’s counsel, J. Gunamalar.
Loh, 36, applied for leave to appeal in March to challenge the Court of Appeal’s decision allowing MAIPs to be the second respondent in her divorce petition with her ex-husband, Muhammad Nagashwaran Muniandy, involving the custody order given to her over her three children.
In the divorce petition, Loh has been granted sole custody, care and control over the children, a pair of 15-year-old twin girls and an 11-year-old boy.
On February 7, the Court of Appeal ruled that based on the reading of two provisions – Order 15 Rule 6 of the Rules of Court 2012 and Section 96 of the Law Reform (Marriage and Divorce) Act 1976 – it would confer MAIPs a legal right to intervene.
On June 15, 2022, the high court dismissed MAIPs application to intervene in the divorce petition between Loh and Nagahswaran, who converted to Islam with their three children, to amend the sole custody granted to Loh to enable him to provide Islamic education and training as well as zakat to the children.
On February 21, 2022, the children, who were under the care of the Social Welfare Department, were handed over to Loh after the high court granted her habeas corpus application.
Loh also applied for judicial review to challenge the unilateral conversion to Islam of her children without her consent. The high court fixed May 11 for the decision.
Yesterday, Nagahswaran, who has been accused of abducting his three children and registering them as Muslim converts without his ex-wife’s consent, was fined RM20,000 by the high court for contempt of court. – Bernama, April 6, 2023
