In a statement today, the non-profit body lamented that despite the Federal Court affirming that marriages contracted under civil law must be resolved under civil law, the apex court failed to redress the concentration of legal rights in favour of the converting spouse, Izwan Abdullah, vis-a-vis the syariah courts.

The women’s rights group said this in reference to the court’s ruling that a previously issued recovery order by the civil court was improper because a conflicting syariah court order granting custody of both children to Izwan was valid until set aside.

WAO opined that in this case, the syariah court did not have such jurisdiction in the first place to issue its court order.

WAO stated that the decision will result in abuse of the syariah courts by the converting spouse as well as possible erosion of the exclusive jurisdiction of the civil courts.

“The Federal Court’s ruling thus fails to fully protect the rights of the non-converting spouse and children, and contravenes the Federal Constitution and its guarantee of equality,” said WAO, adding that today’s ruling apparently validated the violent abduction of Mithran (one of the two children) by Izwan.

“This will leave many non-converting spouses, and all Malaysians, insecure in their legal rights and without recourse to seek justice.”

Earlier today, the Federal Court ruled that it was in the best interest of the children to remain in their respective current living situations, with the couple’s daughter, Sharmila, remaining with Deepa, and their son Mithran remaining with Izwan.

On April 9, 2014, Izwan had abducted Mithran, which led to Deepa obtaining a recovery order from the High Court, which was not put into action.