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LW/OCT 2007/LAW470/581

UNIVERSITf TEKNOLOGI MARA

FINAL EXAMINATION

COURSE

FAMILY LAW II

COURSE CODE

LAW470/581

EXAMINATION

OCTOBER 2007

TIME

3 HOURS

INSTRUCTIONS TO CANDIDATES
1.

This question paper consists of THREE (3) parts : PART A (6 Questions)

PART B (2 Questions)
PART C (1 Question)

2.

Answer ALL questions in the Answer Booklet. Start each answer on a new page.

3.

Do not bring any material into the examination room unless permission is given by the
invigilator.

4.

Candidates are allowed to bring in the following statutes (unannotated):

(i) Law Reform (Marriage and Divorce) Act 1976
(ii) Married Women Act 1957
(iii) Married Women and Children (Maintenance) Act 1950
(iv) Domestic Violence Act 1994
(v) Guardianship of Infants Act 1961
(vi) Registration of Adoptions Act 1952
(vii) Adoption Act 1952

5.

Please check to make sure that this examination pack consists of:
i)
the Question Paper
ii)
an answer booklet - provided by the Faculty

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO

This examination paper consists of 4 printed pages
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LW/OCT 2007/LAW470/581

PART A
QUESTION 1

Explain three (3) defences which can be used in an action for breach of betrothal.
(5 marks)
QUESTION 2
Illustrate two (2) types of domicile of dependence. Support your answer with relevant
authority(s).
(5 marks)
QUESTION 3
Explain the principle of PP v. Rajappan [1985] 2 MLJ 231 and the importance of the case.
(5 marks)
QUESTION 4
Explain the meaning of constructive desertion and its consequences under the law of divorce
in Malaysia.
(5 marks)
QUESTION 5
Explain briefly the weaknesses of Protection Order under the Domestic Violence Act 1994.
(5 marks)
QUESTION 6
Ah Keong and Mey bought a link house in Shah Alam as their matrimonial home in 1994 for
RM100,000.00. The deposit was drawn from Ah Keong's saving of RM5,000.00 and Mey's
saving of RM5,000.00. The house was registered only in the name of Ah Keong. The
balance of RM90,000.00 was raised by a bank loan which Ah Keong has to repay over the
next twenty years. To supplement his income Mey worked as a sales assistant and helped to
pay for the monthly household bills and expenses. Last year both Ah Keong and Mey began
to live separately due to some matrimonial problems.
Mey seeks your advice whether she can claim the share of the matrimonial house in case a
divorce takes place between them.
Advise Mey.
(5 marks)
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LW/OCT 2007/LAW470/581

PARTB
QUESTION 1

Tan Mei Lan and Robert were married in 1990 according to Chinese custom. Both of them
underwent a tea ceremony to celebrate the marriage. Their marriage was later registered
under the Law Reform (Marriage and Divorce) Act 1976. They have two children named
Anne, 12 years old and James, 3 years old.
In 2006, Tan Mei Lan petitioned for divorce on the ground that the marriage had irretrievably
broken down and was granted a decree. Pending the decree nisi being made absolute and
before the hearing of the ancillary application, the husband converted to Islam. He also
converted the two children to Islam without the consent of Tan Mei Lan.
Tan Mei Lan comes to you and seeks your advice on her rights to maintenance and custody
of her two children.
Advise her.
(20 marks)
QUESTION 2
Samantha Lam met Gary Yong at a dinner organized by a company owned by Gary's father.
After nine months, they decided to get married. In January 1999, the couple went through a
registered wedding ceremony at the office of the Shah Alam Registrar of Marriages.
Before the marriage, Gary already knew that Samantha had been registered at birth as a
male and had undergone a sex change operation consisting in the removal of the testicles
and most of the scrotum. There was a formation of an artificial vagina and Samantha had
since lived as a woman. Gary thought that because of the surgery, it will make sexual
intercourse between Samantha and him possible.
They had lived together as husband and wife for three months but still the marriage could
not be consummated. Gary then informed his parents about this matter and they intended to
go to court and apply for a decree of nullity.
Advise Gary and his parents whether it is possible to do so.
What are the consequences of a decree of nullity?
(20 marks)

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LW/OCT 2007/LAW470/581

PARTC
QUESTION 1
Maniam and Jayanthy were married in January 2000 after four months of cohabitation.
During that period Jayanthy was reluctant to have sexual relations with Maniam except on a
few occasions. Maniam believed that this was because of her shyness and thought that
marriage would change things.
Unfortunately the marriage did not help Jayanthy's condition. In fact her initial reluctance had
turned into repugnance for sexual relations with Maniam. They had not sexual relations
since the celebration of their marriage.
Maniam found the situation unbearable. He moved out of their bedroom after only 2 months
of marriage and since then had sleeping alone in the guest room.
One day in September 2000, Maniam was shocked when Jayanthy informed him that she
was expecting a child and was already 2 months pregnant. They had a violent quarrel that
night and Jayanthy begged Maniam to try and accept the child and not to do anything to their
marriage at least until the child is born. Maniam, who still loved Jayanthy, finally agreed.
They, however continued to live in separate bedrooms.
In May 2001, Jayanthy delivered a baby named Meenachi. By this time Maniam had become
increasingly frustrated and had given up all hope of ever having a married life with Jayanthy.
He also has had a medical help a few times to deal with his frustration over his marriage.
Advise Maniam on thefollowing:a)

whether he has good grounds to put an end to his marriage,

(15 marks)

b)

the legitimacy of the child, Meenachi,

(5 marks)

c)

whether he has to provide maintenance for Jayanthy and Meenachi if there is a

divorce between them.
(10 marks)

END OF QUESTION PAPER

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