JUDGMENTBY: RAJA AZLAN SHAH AG LP

(delivering the judgment of the Court): This is an application for custody by the father of two infant daughters aged 7 years and 8 years respectively. The father is a Malaysian citizen and the mother an Indian citizen. They were both married in Bombay, India in 1972; the infants were born there. The father left India in 1974 but the mother and the infants remained and lived in India. They came over to Malaysia in 1978. In January, 1980 the marriage broke down. The parties entered into a Deed of Separation by which custody of the infants was given to the father. The mother returned to India.

In March, 1980 the mother filed a divorce petition for dissolution of the marriage in the City Civil Court of Bombay and on the same day filed notice of motion for the custody of the infants. The father was represented at the hearing. The Bombay Court made an interim order granting custody to the mother pending the trial of the divorce petition. The father gave an undertaking to produce the infants on the date fixed for hearing. On that date, December 8, 1980, the father failed to appear and produce the infants. On December 16, 1980 the Bombay Court granted