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2025 MarsdenLR 6946

HIGH COURT (IPOH)
LEE SWEE SENG, JC
Indira Gandhi ap Mutho – Appellant
Versus
Pengarah Jabatan Agama Islam Perak & Ors – Respondent


Advocates:
K Shanmuga (M Kulasegaran, Fahri Azzat and Selvam Nadarajah with him) (Kula & Assoc) for the applicant.
Hamzah Ismail (Assistant State Legal Adviser, Perak) for the first to the third respondents.
Noorhisham Ismail (Senior Federal Counsel, Attorney General’s Chambers) for the fourth and fifth respondents.
Hatim bin Musa (Hatim Musa & Co) for the sixth respondent.

Lee Swee Seng JC:

[1]The applicant Indira Gandhi married Pathmanathan (the sixth 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 baby was still nursing at her breast. She [2013] 5 MLJ 552 at 560lodged a police report.

THE PROBLEM

[3]Things happened in quick succession. She was told by the police that her husband had converted to Islam. His new name is Muhammad Riduan bin Abdullah. She was fearful that he might forcibly convert the three children as well. She ran to court for an ex parte application in Ipoh High Court OS MT1-24–513 of 2009 for an interim custody order of the three children and an injunction to restrain the husband from forcibly removing th

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