“Shamala and Dr Muhammad were married under civil law in 1998. In November 2002, he became a Muslim and converted their two young sons (then aged four and two) without Shamala’s knowledge or consent.” That means they’re Muslim, because under Islamic law Islam always takes precedence over the claims of any non-Muslim. “Hindu mum loses case,” from Bernama, November 13 (thanks to K.):
PUTRAJAYA: The Federal Court has rejected a referral application by former bank clerk S. Shamala, who is embroiled in a custody battle over her two sons with her Muslim convert husband.
Chief Justice Zaki Azmi leading a five-man bench said that since Shamala, who is believed to be in Australia with her children, had avoided contempt proceedings against her by her estranged husband, the apex court was reluctant to grant her further opportunity to hear constitutional issues regarding the validity of conversion of her children.
The majority of the panel also declined to grant time to Shamala to return to Malaysia to appear in court to determine her referral application.
“To grant her further opportunity would encourage persons like her to commit contempt with the hope that the court will give him or her opportunity to correct it. She has also been away since 2004, for six years and has not returned to Malaysia,” said Zaki.
The panel also accepted a preliminary objection by Muralee Menon, the counsel of Dr Muhammad Ridzwan, formerly known as Dr Jeyaganesh C. Mogarajah, that Shamala must return to Malaysia to face contempt proceedings before she had the right to be heard.
Dr Muhammad had obtained an ex-parte application to cite Shamala for contempt of court for breaching a High Court order which had granted him visitation rights to their sons.
Court of Appeal president Alauddin Mohd Sheriff, Chief Judge of Malaya Arifin Zakaria and Federal Court judge Zulkefli Ahmad Makinudin who sat on the panel concurred with Zaki’s judgment.
In a differing view, Chief Judge of Sabah and Sarawak Richard Malanjum gave Shamala a three-month period to return to Malaysia to attend the referral application proceedings, failing which, the Federal Court would dismiss her application with costs.
Shamala and Dr Muhammad were married under civil law in 1998. In November 2002, he became a Muslim and converted their two young sons (then aged four and two) without Shamala’s knowledge or consent….