My case should be last of its kind, says S. Deepa after apex court ruling on custody

S. Deepa says she is struggling financially after fighting for custody of her two children unilaterally converted to Islam. – The Malaysian Insider pic by Fiqah Mokhtar, February 10, 2016.S. Deepa, the Hindu mother fighting for the custody of her two children, who were unilaterally converted to Islam by her former husband, hopes that cases like hers do not happen in Malaysia any more.

Expressing disappointment over the Federal Court decision today which granted her custody of her daughter Sharmila but her son Mithran to Izwan Abdullah, the Hindu mother said she had no choice but to abide by it.

“I hope things change in Malaysia, this case should be the last of its kind.

“I have financial difficulties. I have trouble with my job, but I was willing to face it all, but now all I have is my daughter, while my son is taken away from me, this is unfair,” she said outside the courtroom today.

“Malaysia please change, this should not happen to any other single mum like me," said a visibly inconsolable Deepa.

Deepa is the only remaining Hindu in her own family after her mother and siblings converted to Islam

The Federal Court ruled today that it is the civil court that should decide the custody of children who were converted to Islam.

A five-man bench chaired by Tan Sri Raus Sharif said a non-Muslim marriage did not dissolve when one party embraced Islam.

“Divorce and custody of non-Muslim marriages are exclusive jurisdiction of the civil court,” he said in dismissing Izwan Abdullah’s appeal.
Raus said a non-Muslim spouse could not abuse his conversion to Islam to escape his obligation.

The bench, however, ruled that in this case, Deepa would continue to have custody over her daughter Sharmila while Izwan over Mithran.

Raus said the Seremban High Court should not have issued a recovery order under the Child Act because the custody order from the Shariah Court was also recognisable under civil law.

The bench set aside the High Court recovery order and revoked the Shariah Court custody order.

It went on to vary the High Court's custody order where both children were supposed to be under the care of Deepa.

Raus said the variation order was made as the children were settled well in their present environment.

“We are guided by the best interest of the children as stated under section 88 (1) of the Law Reform Act (Marriage and Divorce) 1976,” he added. – February 10, 2016.