PUTRAJAYA: An Orang Asli father felt a weight was lifted off his shoulders after the Federal Court today upheld a habeas corpus order granted by a High Court in Kuantan for him to have custody of his 10-year-old daughter.
The 44-year-old odd job worker said he was happy with the decision of a three-men bench chaired by Justice Datuk Harmindar Singh Dhaliwal which unanimously dismissed the appeal by his ex-wife, aged 37.
"I have been having sleepless nights and stressed thinking about this.
"I just want to focus on raising my girl," he told the New Straits Times.
He had travelled out of state this morning to attend the court proceedings with his two sisters.
He and his ex-wife were seen sitting at opposite ends of the court's public gallery.
They were married sometime in 2012 according to Orang Asli customs. Their marriage ended in 2018.
The father won the habeas corpus order on May 25 last year and the girl was ordered to be returned to him after she was snatched by the ex-wife, who has converted to Islam.
In dismissing the appeal, Justice Harmindar had said the evidence presented before the High Court revealed that the respondent (the father) had de facto custody of the kid for four years before the child was taken away by the appellant (the ex-wife).
He said they found it improper for the appellant to take the child without gaining court order for custody.
The bench was of the view that the High Court was correct in ordering the habeas corpus and therefore, dismissed the appeal.
Harmindar, who sat with Justices Datuk Abdul Karim Abdul Jalil and Datuk Abu Bakar Jais, said their position would not affect custody proceedings which are pending in the High Court.
He also ruled that the names of the parties, especially the child, should not be published by any party.
