The Court of Appeal in Putrajaya has today dismissed an application by N Viran @ Izwan Abdullah for a stay on the order which grants his former wife, S Deepa ( below ), custody of their two children.

With this, the custody of the children remains with the mother.

Justice Mohd Hishamudin Mohd Yunus said there are no special circumstances for the court to grant a stay of the Seremban High Court order, granted last month.

Furthermore, Justice Mohd Hishamudin noted that Izwan had violated the court order when he snatched one of the children.

“Hence, the application for a stay is dismissed,” he said.

Mohd Hishamudin also ordered Izwan to pay costs of RM8,000.

Deepa was represented by lawyer K Shanmuga while counsel Hanif Khatri Abdulla represented Izwan

It was reported last month that Deepa was granted custody of their son and daughter aged six and nine respectively by High Court judge Zabariah Mohd Yusof.

In granting custody to the mother, Justice Zabariah recognised that the marriage solemnisation was done through civil law in 2004.

Father took son away

The Seremban High Court's decision was in contrast of the Seremban Syariah High Court decision that granted custody of the children to the father.

Izwan reportedly converted to Islam last year and converted the couple's two minor children without Deepa's knowledge.

Despite, the Seremban High Court's order the children's official religion remain Muslim while Deepa is said to be filing another application to challenge the conversion.

Two days after the Seremban High Court order was made, Izwan took their six-year-old son from Deepa's home in Jelebu.

She was also injuried when she tried to stop her former husband.

Izwan, who now works with an Islamic non-governmental organisation, said he took their son to protect his faith.

The snatching of the boy resulted in further furore when the police refused to act.

Inspector General of Police Khalid Abu Bakar (above) said the authorities could not act as a result of the conflicting jurisdiction of the syariah and the civil court in granting custody of the children.