State Religious Body Cannot Intervene In Divorce Says Loh S Lawyer

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Single mother Loh Siew Hong has been granted custody of her children. (P Ramasamy pic)GEORGE TOWN: The attempt by the Perlis Islamic religious authority to use the court process to be part of the lives of Loh Siew Hong’s children is likely to prove futile.
Loh’s divorce lawyer, Rajashree Suppiah, said under existing laws, a third party cannot seek any court order regarding the children in a divorce proceeding.
Earlier, the Perlis Islamic religious and Malay customs council (MAIPs) revealed that it had applied to intervene in a divorce petition between Loh and her ex-husband, Muhammad Nagahswaran Muniandy.
MAIPs is seeking a variation in the child custody terms in the divorce petition so the council can provide Islamic education, tithes payout and other training it deems necessary, on the grounds that the children were converted to Islam by their biological father in Perlis.

Rajashree said under the Law Reform (Marriage and Divorce) Act 1976 and the Matrimonial and Divorce Proceeding Rules 1980, there are no provisions that allow a third party who is not a guardian, court-ordered custodian, or a welfare officer to intervene in such proceedings, particularly where children are concerned.
“The divorce order was also made absolute last year. The family court always acts in the best interests of the children.
“The burden would be placed very high on MAIPs to show that what they seek is in the children’s best interests when their alleged unilateral ‘conversion’ itself is unlawful, as per the present law under the authority of a Federal Court decision,” she told FMT.
Rajashree said Loh obtained interim custody of her children as early as 2019, which was extended until the finalisation of her divorce and custody order last year.
Perlis mufti Asri Zainul Abidin had earlier revealed that Nagahswaran had converted to Islam in 2020, along with his three children.
He had also said the children were practising Muslims and ought to remain that way. - FMT

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