Irwan’s lawyer Haniff Khatri Abdulla told the panel of five judges that the parents had consented to visiting rights every two months on a Saturday. “The joint meeting will take place at the home of Wan Siti Aishah, the children’s maternal grandmother, in Jelebu, Negeri Sembilan.
“The Saturday meeting will be held from 10 am to 3 pm,” added Haniff. “The children cannot stay overnight at the grandmother’s home.
“In the event that both parties cannot meet on that fixed Saturday, they will have to produce a submission notice to replace the meeting on another Saturday. ”
The parents, he said, also agreed that the children could have unlimited access to the telephone to converse with the parent they were not staying with.
No order was made to cost.
Earlier, a Federal Court panel made a variation to the High Court custody order on the two children who were awarded to their mother Deepa. “We met the children and interviewed them. Nabil (the son) clearly stated he wants to be with his father while Sharmila (the daughter) wants to be with her mother,” said Court of Appeal president Justice Raus Sharif.
“We have set aside the High Court custody order. Nabil follows his father while Sharmila follows her mother.”
Other judges in the panel included Chief Judge of Malaya Justice Zulkefli Ahmad Makinudin, Justices Abdull Hamid Embong, Suriyadi Halim Omar and Azahar Mohamed.
Fahri Azzat represented Deepa.
Senior federal counsels Suzana Atan and Shamsul Bolhassan represented the Attorney-General Chambers (AGC), the intervenors.
The Federal Court was ruling on Wednesday that civil courts can hear interfaith custody cases between non-Muslims and Muslims.
Justice Raus said that the highest court in Malaysia has exclusive jurisdiction to hear custody cases even if one spouse converted to Islam under the Law Reform (Marriage and Divorce) Act. “It’s about a civil marriage.”
“The Syariah Court has no jurisdiction to declare an annulment of a civil marriage and to give a custody order,” said Justice Raus, who read the judgement.
The couple were married in 2003 under civil law.
Izwan converted to Islam in November 2012 and also unilaterally converted his daughter, 11-year-old V Sharmila (Nurul Nabila) and son, eight-year-old V Mitran (Nabil), to Islam without their mother’s knowledge.
Deepa was unaware of the proceedings in the Syariah Court.
On 7 April 2014, the Seremban High Court announced the dissolution of the couple’s marriage under the Law Reform (Marriage and Divorce) Act.
Izwan snatched Mitran from Deepa, two days after she obtained custody of the children.
Deepa then filed for a recovery order at the High Court to get the police to find her son. The High Court granted the order.