Civil Family Law

CONFIDENTIAL LW/APR 2006/LAW470/581 UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION COURSE COURSE CODE EXAMINATION TIME : : : : FAMILY LAW II LAW470/581 APRIL 2006 3 HOURS INSTRUCTIONS TO CANDIDATES This question paper consists of THREE (3) parts : PART A (6 Questions) PART B (2 Questions) PART C (1 Question) 2. 3. 4. Answer ALL questions. Answer to each question must be written in the answer booklet. Do not bring any material into the examination room unless permission is given by the invigilator.

Candidates are allowed to bring in the following statutes (unannotated): (i) Law Reform (Marriage and Divorce) Act 1976 (ii) Married Women Act 1957 (Hi) 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 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 Hak Cipta Universiti Teknologi MARA CONFIDENTIAL CONFIDENTIAL 2 LW/APR 2006/LAW470/581 PART A QUESTION 1 Explain the principle which is derived in Wharton v.

Lewis (1824) 1 C & P 529.

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(5 marks) QUESTION 2 Explain the principle which is derived in Kanmani v. Sundarampillai [1957] M. L. J. 172. (5 marks) QUESTION 3 Do you agree with the judgment of Vohrah J in the case of Letchumy v. Ramadason [1984] 1 MLJ 143? Support your answer with legal authority. (5 marks) QUESTION 4 Explain the difference between simple desertion and constructive desertion. 5 marks) QUESTION 5 Apart from the Domestic Violence Act 1994, explain other statute(s) that provide protection to battered non-Muslim wives in Malaysia.

(5 marks) QUESTION 6 Discuss the difference between the Married Women and Children (Maintenance) Act 1950 and the Law Reform (Marriage and Divorce) Act 1976 in providing remedy for non-Muslim wives. (5 marks) © Hak Cipta Universiti Teknologi MARA CONFIDENTIAL CONFIDENTIAL 3 LW/APR 2006/LAW470/581 PARTB QUESTION 1 Nee Nee, aged 34, is pressured by her mother to get married as she is getting older.

One day, Nee Nee was introduced by her cousin to a businessman named Hong Chau. Three months later, Hong Chau proposed to Nee Nee. Due to the pressure by both families, Nee Nee agreed to his proposal. Without much thought about the matter, Nee Nee and Hong Chau registered their marriage in Selangor. During the registration of the marriage, Nee Nee and Hong Chau mutually agreed to give each other a grace period of three months to get to know each other better and to make up their mind whether to continue with their marital status. Nee Nee and Hong Chau lived separately and only meet during lunch and dinner.

A month after the registration of the marriage, a tea ceremony was carried out and both attended the ceremony and were witnessed by relatives from both sides of the families. However, three days after the tea ceremony, Nee Nee expressed her intention of converting to Islam and came to you for advise. She is not sure of whether to continue her marriage with Hong Chau or otherwise. You are to advise her as to the best way to end their marriage (if she intends to do so), and to explain to her the consequences of conversion to Islam to her status of marriage and maintenance, if she opts to continue with her marriage with Hong Chau. 20 marks) QUESTION 2 Devi and Gandhi has been married for eight years. When they first got married, Gandhi was walking with canes and he told Devi that it was temporary that he would walk again. However shortly after they got married, he sustained a spinal fracture and refused to continue therapy although he knew that the therapy could help him walk with canes again but instead he requested a wheelchair. Their relationship has deteriorated sexually. Gandhi is now impotent. They have not had sex for the past five years. Gandhi does not allow Devi to work because he wanted her to serve him.

Being a wealthy man, Gandhi was able to maintain the household without working and Devi felt being his prisoner. Since Devi was so fond of children, she got very acquainted with an eight years old, Tutti, a poor girl from the neighbourhood. For the past one year, Devi, without Gandhi's knowledge, allowed Tutti to stay in a back room at the matrimonial house where Tutti spent most of her time secretly with Devi. However, a week ago, Gandhi found out about their relationship and out of anger he pushed Tutti very hard, causing her to fall and suffer head injuries.

Though Tutti is afraid of Gandhi, due to the close relationship with Devi, she continued to visit Devi and stayed secretly sometimes in the matrimonial home. When Gandhi caught Tutti the second occasion in the matrimonial house, he was so furious that he threw a flask of hot water towards Devi and Tutti. Devi fell on the floor and was unconscious. Tutti immediately ran for help. Devi was in coma for three days and Tutti was hospitalized for further medical examination. After the incident, Devi is very keen of pursuing for a divorce and to secure protection for both Tutti and herself.

Advise Devi on the best ground of divorce and protection from Gandhi. Devi is also interested to know of her rights in adopting Tutti as a single parent. (20 marks) © Hak Cipta Universiti Teknologi MARA CONFIDENTIAL CONFIDENTIAL 4 LW/APR 2006/LAW470/581 PARTC QUESTION 1 Freddy and Jessica have been married for 20 years. Three years ago, Freddy and Jessica have been living in separate rooms in the matrimonial house. Both thought that living in the same house would be the best way to maintain their relationship with their children. Jessica continued to cook and clean for Freddy and the family.

A month ago, Freddy confronted with Jessica and told her of his intention to secure their relationship as good friends and has asked Jessica to file for divorce, which she has not contested to. They have a daughter, Sara who is 9 years old and a son, Jemiah, 18 years old, who is in his secondary school. Jemiah is an ambitious boy who wants to study in a recognized private college. Since marriage, Jessica does not work and has to stay home to raise the children. A year ago, Jessica started her studies in a college, where she has been working part-time in the college campus as a tutor.

Freddy had closed his joint account with Jessica a few years back and transferred the money into his personal account. Jessica has property which she bought before their marriage which Freddy has paid for improvements. Since Jessica knows that Freddy is very fond of Sara as he loves to bring her out every weekend to spend time together, she is afraid that Freddy would be successful in his claim of custody over Sara. On the other hand, Freddy had expressed his intention of non-maintaining Jemiah in his further education in the private college.

Jessica is not very sure of the best way to terminate her marriage and the requirement involved in the termination of the marriage and is very worried of her rights as to the custody of Sara and her shares in the property. Due to her own financial needs in her education, she is also concern over the maintenance of the children and herself. Advise her. (In your answer on the ground of divorce, discuss at least two grounds of divorce which may appear to be possible and decide as to which ground is the best, taking into consideration the situation above. ) (30 marks) END OF QUESTION PAPER © Hak Cipta Universiti Teknologi MARA CONFIDENTIAL