Collin Lawrence Sequerah J:

(A) Introduction

[1] This is an application for a Writ of Habeas Corpus to issue an order that Sulochana a/p Nagahswaran, Sulochini, a/p Nagahswaran and Thatchina a/l Nagahswaran respectively be released from the personal custody of the 1st respondent and/or the 2nd respondent and be returned to the custody of the applicant.

[2] The 2nd respondent, the Jabatan Kebajikan Masyarakat Perlis, who I was made to understand, was not represented.

(B) Background

[3] The background facts that led to the filing of this application are best appreciated by outlining the respective narratives of the applicant and the 1st respondent.

Applicant's Narrative

[4] Sulochana a/p Nagahswaran, Sulochini a/p Nagahswaran and Thatchina a/l Nagahswaran are the biological children of the applicant. The applicant was married to Nagahswaran a/l Muniandy (Nagahswaran) who is the biological father of the said children.

[5] On 31 March 2021, the Family Division of the Kuala Lumpur High Court (KLHC) ordered that the sole custody, care and control of the said children be given to the applicant.

[6] According to the applicant, she came to know that her children were in the custody of the 1s