Ex-husband in conversion case fined RM20k for contempt of court
The High Court in Kuala Lumpur imposed a RM20,000 fine on the Muslim convert ex-husband of single mother Loh Siew Hong for contempt of court.
Judge Evrol Mariette Peters this morning ordered Muhammad Nagahswaran Muniandy (above) to pay the fine within 14 days, failing which, he would be jailed for 14 days.
On Sept 20 last year, the court granted an ex-parte application for leave by Loh to initiate committal proceedings against Nagahswaran, who has been accused of abducting their three children and registering them as Muslim converts without her consent.
Loh Siew Hong
In reading out her judgment, Peters ruled that Nagahswaran had interfered in the administration of justice.
The judge said his conduct showed that he tried to evade being served copies of the contempt application.
She said he cannot use his own conduct of trying to evade service as a basis behind his complaint that he was not served the court documents.
“From the perusal of documents and history of the case, the respondent (Nagahswaran) was well aware of what he had done.
“He failed to comply with the court order whereby the petitioner (Loh) was granted sole guardianship of the children.
“The respondent went missing to evade being detected as he wished to evade the court order. He got a family member involved to prevent the children from being returned to the petitioner,” Peter ruled.
Public gallery
The two estranged former couple, both aged 35, were seated far from each other in the public gallery during the open-court proceedings.
The judge pointed out that the sentencing against the respondent’s non-compliance with the court order was not just about upholding the dignity of the court but also it is the court’s duty to ensure the administration of justice “was not obstructed or prevented”.
“Contempt is not to protect the judge but to protect the rights of the public.
“In sentencing, the court must pass the appropriate sentence to show the seriousness of the case due to the respondent’s interference with the administration of justice. The message (sent from today’s ruling) must be clear and unequivocal.
“The respondent, by not complying with the court order, has triggered a chain of events resulting in the petitioner running around and filing various court applications to be reunited with her children, who were deprived of their mother when they were passed from one person to another.
“The petitioner was left in limbo,” Peters said, further ordering Nagahswaran to pay RM6,000 in costs to his former wife.
Hearing date
Later today, Nagahswaran’s counsel M Vhimall filed an application to stay the verdict, pending their appeal to the Court of Appeal.
However, the court has yet to fix a hearing date for the stay application.
Nagahswaran was alleged to have run away with the children and carried out the conversion in July 2020 without Loh’s consent and knowledge.
On Feb 21, 2022, the Kuala Lumpur High Court (criminal jurisdiction) allowed her habeas corpus application to be reunited with her three children - the twin girls are aged 15 while the boy is 11.
Loh also has a separate legal bid to nullify the conversion of the children, which is set for decision before the High Court (civil jurisdiction) in Kuala Lumpur on May 11.
Nagahswaran was previously detained in relation to a drug case. However, he has since been released.
In reading out her judgment, Peters ruled that Nagahswaran had interfered in the administration of justice.
The judge said his conduct showed that he tried to evade being served copies of the contempt application.
She said he cannot use his own conduct of trying to evade service as a basis behind his complaint that he was not served the court documents.
“From the perusal of documents and history of the case, the respondent (Nagahswaran) was well aware of what he had done.
“He failed to comply with the court order whereby the petitioner (Loh) was granted sole guardianship of the children.
“The respondent went missing to evade being detected as he wished to evade the court order. He got a family member involved to prevent the children from being returned to the petitioner,” Peter ruled.
Public gallery
The two estranged former couple, both aged 35, were seated far from each other in the public gallery during the open-court proceedings.
The judge pointed out that the sentencing against the respondent’s non-compliance with the court order was not just about upholding the dignity of the court but also it is the court’s duty to ensure the administration of justice “was not obstructed or prevented”.
“Contempt is not to protect the judge but to protect the rights of the public.
“In sentencing, the court must pass the appropriate sentence to show the seriousness of the case due to the respondent’s interference with the administration of justice. The message (sent from today’s ruling) must be clear and unequivocal.
“The respondent, by not complying with the court order, has triggered a chain of events resulting in the petitioner running around and filing various court applications to be reunited with her children, who were deprived of their mother when they were passed from one person to another.
“The petitioner was left in limbo,” Peters said, further ordering Nagahswaran to pay RM6,000 in costs to his former wife.
Hearing date
Later today, Nagahswaran’s counsel M Vhimall filed an application to stay the verdict, pending their appeal to the Court of Appeal.
However, the court has yet to fix a hearing date for the stay application.
Nagahswaran was alleged to have run away with the children and carried out the conversion in July 2020 without Loh’s consent and knowledge.
On Feb 21, 2022, the Kuala Lumpur High Court (criminal jurisdiction) allowed her habeas corpus application to be reunited with her three children - the twin girls are aged 15 while the boy is 11.
Loh also has a separate legal bid to nullify the conversion of the children, which is set for decision before the High Court (civil jurisdiction) in Kuala Lumpur on May 11.
Nagahswaran was previously detained in relation to a drug case. However, he has since been released.
For the Race and Religion champions, defending the Ummah overrides all other legal considerations.
ReplyDeleteAt least there is some concrete outcome for this case and action is being taken against the ex-husband.
ReplyDeleteBut I think the 2 weeks jail in case of a default of the MR20k fine does not look equitable.
A 3 month jail should he fail to pay the MR20k fine is more fair.