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HIGH COURT MALAYA IPOH
INDIRA GANDHI MUTHO – Appellant
Versus
PENGARAH JABATAN AGAMA ISLAM PERAK & ORS – Respondent
| Table of Content |
|---|
| 1. background of family and conversion disputes (Para 1 , 2 , 3 , 4 , 5) |
| 2. scope of the judicial review application (Para 6 , 10 , 27) |
| 3. jurisdiction and powers of civil vs syariah courts (Para 9 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. equal rights in religious upbringing decision (Para 28 , 56 , 68 , 70 , 78) |
| 5. requirements for valid conversion under perak enactment (Para 69 , 72 , 74) |
| 6. international human rights obligations and domestic law (Para 84 , 90 , 93 , 94) |
| 7. final order and implications for society (Para 111 , 112) |
[1] The applicant Indira Gandhi married Pathmanathan (the 6th respondent) in a civil marriage on 10 April 1993. Their love blossomed and they were blessed with three children. The first is Tevi Darshiny and she was 12 years old at the time of filing of this application for judicial review. The second is Karan Dinesh, 11 years old then. The youngest, Prasana Diksa was hardly 11 months old then.
[2] What was once love and blessings has become a legal battlefield. She recounted that in the beginning of 2009 there were many quarrels and altercations that culminated in the husband forcibly whisking the youngest child from her on 31 March 2009. The
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