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LW/JAN 2013/LAW470/581/344

UNIVERSITI TEKNOLOGI MARA

FINAL EXAMINATION

COURSE

FAMILY LAW II / FAMILY LAW II (CIVIL) / FAMILY

LAW (CIVIL)

COURSE CODE

LAW470/581/344

EXAMINATION

JANUARY 2013

TIME

3 HOURS

INSTRUCTIONS TO CANDIDATES
1.

This question paper consists of three (3) parts :

2.

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

3.

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

i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)

PART A (6 Questions)
PART B (2 Questions)
PART C (1 Question)

Law Reform (Marriage and Divorce) Act 1976

Married Women Act 1957
Married Women and Children (Maintenance) Act 1950
Domestic Violence Act 1994
Guardianship of Infants Act 1961
Registration of Adoptions Act 1952
Adoption Act 1952
Child Act 2001
Legitimacy Act 1961
Age of Majority 1971

4.

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

5.

Please check to make sure that this examination pack consists of:
i)
ii)

the Question Paper

an Answer Booklet - provided by the Faculty

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

This examination paper consists of 5 printed pages
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LW/JAN 2013/LAW470/581/344

PART A

QUESTION 1
Explain the importance of the case of James Sloan v Sarala Devi Sloan (2010) 9 MLJ 670.
(5 marks)

QUESTION 2
State the four different procedures for the solemnization of marriages under the Law Reform
(Marriage and Divorce) Act 1976.
(5 marks)

QUESTION 3
State the four elements that are required in order for desertion to constitute a ground for
divorce.
(5 marks)

QUESTION 4
Kamala, a divorcee, has a 30 year old brother named Raju and a 22 year old daughter
named Letchmi. Kamala wants to match make Raju with Letchmi.
Is this proposed marriage valid?
(5 marks)

QUESTION 5
What are the factors that the court need to consider when dividing assets acquired during
the marriage by the sole effort of one party to the marriage?
(5 marks)

QUESTION 6
Explain how does the rebuttable presumption of custody apply for a child below the age of
seven?
(5 marks)

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LW/JAN 2013/LAW470/581/344

PARTB

QUESTION 1
In 1980, Abhisek, a Malaysian Hindu, fell in love with Katrina, a Russian lady who had just
arrived in the country and spoke little English. Abhisek persuaded her to go through a
marriage ceremony in 1981, which Katrina thought was merely a Hindu goddess ceremony.
When Abhisek approached her to have sexual intercourse, Katrina suggested that he used a
contraceptive sheath, as she was afraid of illegal pregnancy. Abhisek disagreed and
consequently the marriage has never been consummated.
Recently, Abhisek met Priyanka and intends to marry her as soon as possible despite the
fact that she was born a male and had undergone a 'sex-change' operation. When Katrina
knew about Abhisek's plan to marry Priyanka, she was extremely upset and went back to
her country for good.
Discuss the following:
a)

Whether the Malaysian High Court has the jurisdiction to entertain the nullity petition.
(5 marks)

b)

Assuming that the Malaysian High Court has jurisdiction to entertain the nullity
petition, discuss the possible ground(s) for both parties to nullify the marriage
(10 marks)

c)

The validity of Abhisek intended union with Priyanka.

(5 marks)

QUESTION 2
Tong Sam Pah, a CEO at Evergreen Partnership Sdn Bhd, married Soo Su Sah in 2000 at
the Registry of Marriages Selangor. Lately, Tong Sam Pah noticed that Soo Su Sah was
attracted to the Islamic religion as she always followed one of her office-mates, Abdul Saleh
to attend islamic gatherings.
When Tong Sam Pah asked Soo Su Sah, she just kept silent and refused to give any
response. However, recently, Tong Sam Pah received a letter from the Syariah Court,
informing him that Soo Su Sah, who is now Solehah binti Abdullah, has officially converted
to Islam. Hence, he was advised to follow her and convert to Islam or their marriage will be
automatically dissolved three months from the date of the conversion. Tong Sam Pah is now
very confused.
Discuss the following:
a)

Advise Tong Sam Pah on the status of his marriage with Soo Su Sah after her
conversion to Islam.
(7 marks)

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LW/JAN 2013/LAW470/581/344

b)

The way/ways for Soo Su Sah to terminate her marriage with Tong Sam Pah.
(8 marks)

c)

Soo Su Sah (Solehah's) right to marry Abdul Saleh in the event there is no divorce
between her and Tong Sam Pah and the consequence that she will face if she
proceed to marry Abdul Saleh.
(5 marks)

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LW/JAN 2013/LAW470/581/344

PARTC

QUESTION 1
Vivek, a famous fashion designer, is married to Juhi, a clerk in one of the government
departments. They have been married for 8 years and have two children, Sunil, aged 5 and
Diya, aged 3.
Their marital relationship sailed smoothly until recently when Vivek met Malikka, a beautiful
model. They became good friends and after a few meetings, Vivek confessed his underlying
love for Malikka. Being head over heels for Malikka, he requested her to give up her job as a
model and promised to marry her. Knowing that Vivek is a married man and in consideration
of his promise to marry her, she gave up her job. In return, Vivek rented an exclusive
apartment in World Paradise Towers for her.
Vivek often came back late at night and on several occasions he was absent from the
matrimonial home for weeks. Whenever Juhi questioned Vivek on his behaviour, he will
scold, beat and assault her. On one occasion, while they were having a heated argument, in
a violent rage, Vivek punched Juhi on her face and broke her right arm. He also punched her
in her stomach. Consequently, she was hospitalized for one week
Vivek's relationship with Malikka became intimate and sexual intercourse took place
between them as a result of which Malikka got pregnant. Upon discovery on the pregnancy,
Vivek stopped visiting Malikka. He also denied having promised to marry Malikka.
Based on the facts above, answer the following:
(a)

What are the possible grounds for divorce available for Juhi?
(10 marks)

(b)

Advise Juhi as to the protections available to her children and herself under the
relevant statutes in Malaysia?
(10 marks)

(c)

Can Malikka sue Vivek for breach of promise to marry?

(5 marks)

(d)

Would your answer be different from (c) if the promise was made during the period of
decree nisi in the case where Vivek's wife has petitioned for divorce?
(5 marks)

END OF QUESTION PAPER

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