KUALA LUMPUR: The High Court has given the green light for single mother Loh Siew Hong to initiate committal proceedings against her ex-husband for taking the children without her permission, and converting them to Islam, in 2019.
Judicial commissioner Evrol Mariette Peters granted the leave after submissions by Loh's counsel, J. Gunamalar, today.
She argued that there was a court order that granted Loh sole custody over her children on March 31, 2019, which was violated by Loh's ex-husband and Muslim convert Muhammad Nagahswaran Muniandy.
"This honourable court has given four court orders to the mother, in terms of the children, which involved sole custody, guardianship, care and control. This has been known to the respondent (ex-husband).
"Despite the order, the respondent has taken the children away. They were not with their mother and they were wrongfully converted (to Islam) on July 7, 2020.
"This shows that respondent had disobeyed and disrespected the court's order," she said.
Loh was also represented by Tony Thian Yin Chee.
The committal proceedings empower courts to hold a person in contempt for refusing to obey a court order.
Gunamalar told reporters later that the application for the committal proceedings was filed on July 4.
On Feb 21, the three siblings who were under the care of the Social Welfare Department, were released to Loh after the High Court allowed the habeas corpus application that she had filed.
The children, born Hindus, were converted to Islam by the Perlis religious authorities allegedly following the unilateral consent of their father.