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2022 MarsdenLR 1520

HIGH COURT MALAYA KUALA LUMPUR
LOH SIEW HONG – Appellant
Versus
NAGAHSWARAN MUNIANDY; MAJLIS AGAMA ISLAM DAN ADAT ISTIADAT MELAYU PERLIS (MAIPS) (P.... – Respondent


Petitioner Advocates:Srimurugan Alagan,Shamsher Singh,Gunamalar Joorindanjn ,Respondent Advocate: Haniff Khatri,Zainul Rijal Abu Bakar,Aidil Khalid,Danial Farhan Zainul Rijal

JUDGMENT

Evrol Mariette Peters J:

Introduction

[1] This was an application ("the Application") by the Majlis Agama Islam Dan Adat Istiadat Melayu Perlis or MAIPs ("the Proposed Intervener") for leave to intervene to vary the Custody Order granted by this Court in March 2021 which involved three children ("the Children") of the Petitioner Wife and Respondent Husband.

The Factual Background

[2] The Petitioner and Respondent were married on 25 May 2008 under the Law Reform (Marriage and Divorce) Act 1976 ("the Law Reform Act"), and had three children ("the Children") from such union.

[3] The marriage had deteriorated and in July 2020, without the consent or knowledge of the Petitioner, the Respondent had facilitated the Children's conversion from Hinduism to Islam by the Proposed Intervener at the Pejabat Agama Islam Perlis. As a result of such conversion, a certificate of conversion into Islam was issued to the Children individually.

[4] However, pursuant to two Court Orders, an interim ex parte Order dated 20 December 2019, and another issued on 31 March 2021, sole custody, care and control of the Children was granted to the Petitioner.

[5] Despite these Orders, the Children eventually fo


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