
Her lawyer, A Srimurugan, said a notice of discontinuance was filed in court today. He also said MAIPs’ lawyers have been duly informed of the matter.
Loh’s application for leave to appeal the Court of Appeal’s Feb 7 decision was scheduled to be heard in the apex court tomorrow.
“Hearing of the leave application has now been vacated,” he said.
Srimurugan said Loh decided to withdraw the leave application after being advised to focus on her appeal to set aside a High Court ruling handed down earlier this year declaring the unilateral conversion of her three children to Islam is valid.
The Court of Appeal has fixed Oct 19 to hear the matter.
“A positive outcome in the appeal will render any other application academic,” the lawyer said.
On March 31, 2020, the High Court granted Loh full custody over the children.
However, on July 6, 2020, the three children were taken by her ex-husband, Muhammad Nagahswaran Muniandy, to Perlis where they were converted to Islam, without her consent.
Loh’s divorce from Nagahswaran was finalised on Sept 23, 2021.
On Feb 21 last year, the three siblings, who were placed under the care and control of preacher Nazirah Nanthakumari Abdullah, were released to Loh after the High Court allowed her habeas corpus application.
That decision paved the way for a reunion between the mother and her children.
On May 11 this year, Justice Wan Ahmad Farid Wan Salleh dismissed a bid by Loh to quash the conversion of her children to Islam. The judge said the conversion certificates issued were conclusive proof of the change in their religious faith.
Meanwhile, lawyer Gunamalar Joorindanjn, who is appearing for Loh, said the variation application will come up for hearing before Justice Hayatul Akmal Abdul Aziz in the High Court on Wednesday.
“We are opposing it as there is no material change in circumstances for a variation order. We would also like to wait for the outcome of the Court of Appeal hearing on Oct 19,” she said.
The Perlis religious authorities are seeking an alteration to the custody order made on March 31, 2020 in order to provide them with religious education and financial assistance.