The Federal Court said the High Court should not have entertained the application for a recovery order by S Deepa when there are two conflicting custodial orders.

A recovery order is a legal order to locate and return a child. In this case, the order obtained by Deepa was to take the eight-year-old Mithran @ Mohd Nabil from her former husband's home or Taska Abim Nur Ehsan or any premises.

Court of Appeal president Md Raus Sharif said while the court acknowledges the Syariah High Court has no jurisdiction in this case to make the custody order, the syariah order (for custody to remain with the husband) remained a valid order until it is set aside.