Describing herself as a victim, S Deepa, who lost custody of her son in a court ruling today, is hoping that her case will be the last of its kind.

"Despite the decision today, (where the Federal Court) said the civil courts have jurisdiction in such cases (involving civil marriages), I lost my son.

"Malaysia has to change and the laws should change for single mothers who face cases like this. I hope my case is the last," the anguished mother said.

Deepa was speaking to reporters at the Palace of Justice in Putrajaya, after the Federal Court ruled that while her ex-husband Izwan Abdullah (N Viran) will be granted custody of their eight-year-old son, she will have custody over their 12-year-old daughter.

Prior to delivering its verdict, the five-member bench also met with the two children.

Deepa’s ex-husband had converted their children to Islam without her consent, which set in motion a protracted legal tussle on whether the civil court or the Syariah Court has jurisdiction on child custody rights in cases where one of the parents converted to Islam.

Meanwhile, Deepa said she felt dejected by the decision as she had hoped her two children would be with her.

She said she last met her son Mithran (Mohd Nabil) two years ago when Izwan and another person snatched him two days after the (High) Court order.

“I am not satisfied with the decision today as initially the High Court and Court of Appeal ruled in my favour and I had hoped of getting my children today.

“But I remain separated from my son. I hope Malaysia and its people would change. Do not let single mothers like me to have this question unanswered. I faced a lot of difficulties, losing my son, my husband. I do not have money and there was no assistance.

“It is not fair as now I am left with my daughter and my son is separated from me. This is not fair. Malaysia is being unfair (to me). Do not let this episode recur. Let my case be the last in Malaysia. Malaysia please change,” she said amid sobs.

Deepa also alleged that her former husband was abusive towards her and their children.

Court did not address the abduction

After the court proceedings today, Deepa and Izwan got to spend 10 minutes with their children where Deepa was seen hugging her son.

Commenting on the case, Women’s Aid Organisation executive director Sumitra Visvanathan said while the apex court addressed the issue that the civil court has jurisdiction in matters pertaining to civil marriages before one spouse's conversion to Islam, two other issues were not addressed.

“The court had not addressed the injustice where the son was taken from her home after the civil High Court order granting custody to the mother. When the Federal Court did not make a decision on this, it only validates the decision (of the illegality involving the abduction).

“This has caused so much pain to Deepa and we support her call that Malaysia must change and uphold the rights of women, equality of women and go against violence towards women,” she added.

Sumitra said taking Deepa's son from her perpetuated the injustice on her and recognised the “abusive” ex-husband’s right.

Association of Women’s Lawyers president Goh Siu Lin, who held a watching brief, described today's decision as slightly bizarre.

She said despite the court recognising that civil courts have jurisdiction in civil marriages although one spouse had converted, it is puzzling that the court did not investigate the background and went against the Child Convention.

“We were slightly concerned when the judges wanted to meet the children without their parents and counsel. I told lawyer Fahri Azzat (who acted for Deepa) that at least a Welfare Services Department official should be present.

“I was told the officer was present in court but we do not know whether the officer accompanied the children to meet with the judges,” she added.