Lawyer Aston Paiva, representing Indira Gandhi, agreed to have an early hearing date fixed but he objected to the stay application.
In 2009, the Syariah Court in Ipoh had given Ridhuan, who was formerly known as K. Pathmanathan, custody of the three children, Tevin Darsiny, 17, Karan Dinish, 16, and Prasana, 6, after he unilaterally converted them to Islam.
In 2010, the High Court in Ipoh granted Indira Gandhi full custody of all three children and Muhammad Ridhuan was ordered to return Prasana Diksa to the mother.
On May 30, the Ipoh High Court cited Muhammad Ridhuan for contempt and issued a warrant of arrest against him after he repeatedly failed to hand over Prasana Diksa to the mother.
Indira Gandhi had also obtained a recovery order from the high court to compel the police to locate Muhammad Ridhuan.
She then filed the judicial review seeking the mandamus order, following Khalid's insistence on taking the middle path in cases where disputing parties had obtained separate orders from the civil and Syariah courts.
Last Sept 10, the Court of Appeal struck out Muhammad Ridhuan's appeal against the contempt order and recovery order after ruling that the court could not hear his appeal because he did not "purge his contempt" for disobeying the court order for him to return his daughter to Indira Gandhi.
Senior federal counsels Noor Hisham Ismail and Suzana Atan appeared for Khalid. - Bernama
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