Appeals court throws out Hindu mother’s case

August 01, 2011

PUTRAJAYA, Aug 1—The petition by Hindu mother S. Shamala seeking to nullify the Islamic conversions of her two children were today dismissed without costs by the Court of Appeal.

Shamala’s lawyers had filed to withdraw the appeal on July 11. The 38-year-old mother fled the country with her two sons, Saktiwaran and Theivaswaran, in 2004. Their current location is unknown.

In dismissing the case today, the panel of Datuk Seri Abu Samah Nordin, Datuk Azahar Mohamed and Datuk Alizatul Khair Osman Khairuddin chose not to saddle Shamala with the legal costs despite a request from her ex-husband Dr Muhammad Ridzwan.

Her lawyer, Steven Thiru, also applied to discharge himself and two others from continuing to represent Shamala, citing an inability to contact her for further instructions.

The court also postponed ruling on four related appeals filed by Muhammad Ridzwan.

In November last year, the Federal Court unanimously dismissed Shamala’s bid to raise her two young children in the religion they grew up with, after being converted to Islam by her estranged Hindu-turned-Muslim husband eight years ago.

The panel of five of the nation’s most senior judges, led by Chief Justice Tun Zaki Azmi, ruled that Shamala must return to the country if she wants the court’s protection.

Both parents are in a bitter fight to gain custody over the two children, now aged 11 and nine, and to be allowed to raise them in their respective religions.

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