Muslim convert Izwan Abdullah has argued that the Seremban High Court had erred in granting his Hindu-ex wife, S Deepa, custody of their children, aged six and nine.

His lawyer Haniff Khatri told the Court of Appeal today that the civil court does not have jurisdiction to hear custody disputes involving Muslims since the children have also been converted.

Since the position of Islam was safeguarded in the Federal Constitution, he said it is ultra vires for the court to deal with matters pertaining to Muslims.

Haniff said Deepa should instead challenge the legality of her children’s conversion in a Syariah Court first.

He also argued that the Syariah Court was the proper avenue to deal with interfaith custody issues.

"There is no requirement for both parties to be Muslims to go to the Syariah Court," he added.

Disagreeing, Deepa’s lawyer Fahri Azzat said the civil court has jurisdiction, especially when the couple solemnised their marriage under the Law Reform (Marriage and Divorce) Act.

He then cited the S Subashini's interfaith custody trial which was heard by the Federal Court.

Izwan was also represented by Muhammad Faiz Fadzil, Mohd Kamarul Arifin Mohd Wafa, Mohd Tajuddin Abd Razak, Mohd Fasha Musthafa and Mohd Irzan Iswatt Mohd Noor.

Apart from Fahri, Deepa was also represented by Aston Paiva and Joanne Leong.

Meanwhile, senior federal counsels Suzana Atan and Shamsul Bolhassan represented the government following both the Inspector-General of Police Khalid Abu Bakar and Attorney-General Abdul Gani Patail were allowed to intervene in the case.

Lawyer Goh Siu Lin conducted a watching brief for the Women's Aid Organisation, Association of Women Lawyers and eight others while lawyer New Sin Yew acted on behalf of Bar Council.

The Court of Appeal has fixed Dec 17 to decide whether to allow Izwan’s appeal against the Seremban High Court’s decision.

The appellate court was supposed to hear both appeals concerning the custody and recovery of the children but was forced to adjourn as the IGP’s appeal against a mandamus order is still pending.

The court would decide if the recovery order appeal hearing would be fit to go on Dec 17.

Deepa and Izwan, whose previous name was N Viran, were married in 2003.

The husband converted to Islam and obtained custody of both children on Sept 19 last year at the Seremban Syariah High Court. The children were converted to Islam in April 2013 without the mother’s knowledge.

On April 7, the Seremban High Court awarded custody of the children to Deepa but did not rule on their conversion.

Two days later, Izwan took away the couple's son from Deepa's house in Jelebu.

Following the application of the parents, both the civil and Syariah High Court issued recovery order compelling the police to track down the children. The police rejected due to the conflict of both courts.

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