Indira Gandhi (centre) today said Putrajaya has failed to ensure justice for Malaysian mothers and their children. – The Malaysian Insider pic, June 28, 2014.As her daughter turns six today, Indira Gandhi who is involved in a five-year custody dispute took Putrajaya to task for failing to ensure justice for Malaysian mothers and their children.
"Putrajaya has shown disrespect for (her daughter) Prasana's welfare, to the judiciary and to me as a Malaysian mother," said the kindergarten teacher, who has been waging a custody battle since 2009 to regain custody of her three children, one of whom is with her ex-husband.
K. Patmanathan, or Muhammad Ridzuan Abdullah following his conversion, converted all three children and has hung on to the youngest child, Prasana Diksa, since 2009.
"Despite obtaining a committal order against Ridzuan last month, Putrajaya continues to drag its feet over the issue.
"Putrajaya now refuses to obey the decision of the Ipoh High Court to send Ridzuan to prison for contempt of court," she said.
She questioned what kind of a civilised and democratic government would do such a thing.
"The last five years have been the most heart-breaking period of my life and it is something which no mother in Malaysia should ever have to endure.
"I have not seen Prasana for the past five years as she was taken from me by Ridzuan when she was only 11 months old.
"Today, Prasana turns six but I will not be there. We have both been deprived of each other and I have missed valuable moments of her life," Indira said.
She said Putrajaya seemed to be more concerned with its political agenda than the welfare and well-being of the public.
"My long and hard struggle seems to have been in vain as the Ipoh High Court's order is ignored.
"A man who has shown contempt for the Malaysian judiciary continues to roam free, unaccountable and apparently blameless for his unforgivable actions," Indira said of her ex-husband.
She also expressed disappointment at the decision of Attorney-General Tan Sri Abdul Gani Patail to intervene in her family proceedings.
"Inspector-General of Police Tan Sri Khalid Abu Bakar has also failed to arrest Muhammad Ridzuan and send him to prison," she added.
The Shariah High Court in Ipoh had in 2009 given Ridzuan custody of the couple's three children after he unilaterally converted them to Islam.
In July last year, High Court judge Lee Swee Seng quashed the certificates of conversion of the three children, ruling the certificates unconstitutional.
Under the Perak state enactment, it is a statutory requirement for a child to be present before a certificate of conversion can be issued.
The judge also cited provisions under the Perak Shariah law where the children must be present to utter the affirmation of faith (Dua Kalimah Syahadah).
The court also declared as null and void the custody order issued by the Shariah High Court, and said the shariah court had no jurisdiction to grant custody orders as the other party (Indira) was not a Muslim.
"The shariah court is inherently incompetent to deal with the custody order.
"A child is a product of the marriage of husband and wife, so no custody order can be given by a court of law when the wife is not heard," Lee said.
The judge also found Ridzuan guilty of contempt of court and gave him until noon on June 6 to hand over Prasana to Indira or face imprisonment. – June 28, 2014.
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