PUTRAJAYA: The Federal Court here has allowed an appeal by kindergarten teacher M. Indira Gandhi (pic) for the police to execute the warrant of arrest against her ex-husband Mohamad Riduan Abdullah.
This was after Riduan disobeyed an Ipoh High Court order to compel him to deliver their daughter Prasana Diksa to Indira Gandhi.Court of Appeal president Justice Raus Shariff, who chaired a five-member panel, made the order in the presence of Senior Federal Counsel Suzana Atan and Indira's counsel M. Kulasegaran on Friday.
Indira had filed an appeal against the Court of Appeal decision in December 2014 which rejected Indira’s appeal to enforce the High Court’s mandamus order compelling IGP Tan Sri Khalid Abu Bakar to retrieve Indira’s six-year-old child, Prasana Diksa, and arrest Riduan.Ipoh High Court judge Justice Lee Swee Seng in his landmark ruling on Sept 12, 2014 granted Indira Gandhi’s application for a mandamus order, saying the IGP must enforce the civil court’s orders, not that of the Syariah Court.
Khalid’s stand had been that police were in a quandary because there were two custody orders, from the High Court and the Syariah High Court, and executing one would mean showing disrespect to the other.
In the custody tussle between Indira Gandhi and Riduan, the Ipoh Syariah High Court had on Sept 29, 2009, granted custody of the couple’s three children to the father who had converted to Islam.
Riduan had also converted Prasana, then 11 months old, and her siblings Tevi Darsiny, then 12, and Karan Dinish, then 11.
However, the Ipoh High Court on March 11, 2010, placed the children in Indira’s custody, with once-a-week access given to the father.
When Riduan failed to return Prasana to his wife, the court cited him for contempt and ordered the police to return the child to its mother.
Did you find this article insightful?