After eight months of taking his six-year-old son from the mother, N Viran @ Izwan Abdullah today finally brought the child to the Federal Court.

 

Izwan was seen bringing the child and walked into the court-room at about 9.30am for his stay application of the Seremban High Court order, which decided that custody is to be given to the mother S Deepa. Father and son were sporting the songkok.

 

S Deepa (right) and Izwan are embroiled in an interfaith custody dispute, as they were married through Hindu rites in 2003.

 

However, Izwan embraced Islam‎ in 2011, and he converted his two children, including the six-year-old, allegedly without Deepa’s knowledge.

 

In keeping the child, Izwan claimed that he had obtained custody of both children from the Seremban Syariah High Court on Sept 19, 2012, resulting in the protracted legal battle.

 

Izwan had taken their son from Deepa's home in Jelebu on April 9, two days after the High Court granted her custody of the two children. She was also then granted a divorce from Izwan by the court.

 

For the past eight months, Izwan has refused to hand over the boy despite pleas from Deepa and other family members.

 

Izwan, a former lorry driver, said he did so to protect the child's faith as a Muslim because Deepa had questioned the children's conversion.

 

Deepa's mother Siti Aishah Abdullah, who also converted to Islam, was seen in the packed public gallery.

 

Chief Judge of Malaya Zulkefli Ahmad Makinuddin chaired the five-member bench.

 

Happiness turned to despair

 

Happiness at seeing her son, however, turned to despair for Deepa when Justice Zulkefli favoured with Izwan to grant a stay of the civil court orders two hours later.

The Federal Court also granted leave over the question of law which is to be posed before the apex court, the highest legal institution in the country.

 

Deepa's reunion with her son, whom she had not seen for eight months lasted less than 10 minutes as the child was taken away by the father after the proceeding.

 

In tears, she told reporters that all she wanted was her only son but her wish cannot be fulfilled although she was awarded custody.

 

“Looks like I have to wait for the next hearing,” she said in between sobs.

 

Deepa said her son told her that he loved her but he does not know what to do.

 

“I wanted to take a longer time to talk to him but Izwan pulled his hand and the boy seemed afraid to speak further. It seems he is afraid of him,” she said.

She said the six-year-old cried upon meeting her and she is worried that the boy is living in fear.

Deepa’s mother, who converted to Islam upon marrying a Malay man, too said she is unhappy with what her former son-in-law had done. She had also cared for the boy when the couple were married.

Not the Muslim way

“I longed to see my grandson and I cannot see him despite the boy being brought to court. It is appropriate for Izwan return the child to the mother as he cannot take care of him.

She said this is not the Muslim way as Islam does not teach us to behave like this.

“He is creating more problems by behaving like this…If you look, Izwan refused to give Deepa see her son. He does not want to show the boy to me or my husband,” said Siti Aisyah.

 

Womens’ Aid Organisation representative present said the decision today is yet another delay for Deepa to be reunited with her son.

“Her grief as a mother was evident in her immediate reactions following the court’s decision today,” the statement said. 

 

Deepa has painstakingly gone through the court system for many years and the various institutions have failed to uphold her rights, it said.

 

The Negeri Sembilan Islamic Religious Affairs Department, the NGO said, allowed Izwan to unilaterally convert their two children while the Syariah Court granted custody of the children to Izwan without hearing Deepa’s side of the story.

 

WAO also called for relevant family laws be amended to disallow government institutions from repeating such violations.