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LW/NOV 2005/LAW470/581

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UNIVERSITI TEKNOLOGI MARA

FINAL EXAMINATION

COURSE

FAMILY LAW II

COURSE CODE

LAW470/581

EXAMINATION

NOVEMBER 2005

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.

3.

Answer to each question must be written in the answer booklet.

4.

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

5.

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

6.

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 5 printed pages
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LW/NOV 2005/LAW470/581

PART A
QUESTION 1

"In order to enter into a valid contract of promise to marry, the parties must be single at the
time the promise is made."

State three (3) exceptions to the above rule.

(5 marks)
QUESTION 2

A Muslim man marries a non-Muslim woman in Indonesia in 1980. Both are domiciled in
Malaysia.
Can the parties seek a divorce in Malaysia?
(5 marks)
QUESTION 3

"Breakdown of marriage is the sole ground for divorce."

Explain briefly the extent of the application of this principle for non-Muslims in Malaysia.
(5 marks)
QUESTION 4

Explain briefly the weakness of protection order under the Domestic Violence Act 1994.
(5 marks)
QUESTION 5

State the consequences of conversion to Islam on the status of marriage and divorce in
Malaysia with regards to the latest development in the law.
(5 marks)
QUESTION 6

Describe briefly the different approaches adopted by the court in applying section 54(b) of
the Law Reform (Marriage and Divorce) Act 1976.
(5 marks)

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LW/NOV 2005/LAW470/581

PARTS

QUESTION 1

Raj and Ravina met in one of the marriage arrangement parties arranged by their parents.
They agreed with their parents' plans for their marriage. Their parents arranged all the
preparation for their marriage. Their marriage was registered at the Registry of Marriages in
Selangor in 1999. However, after the marriage, Ravina continued keeping in touch with her
previous boyfriend, Kana. In early 2000, Ravina left the matrimonial home and stayed with
Kana. After a few weeks, she returned to Raj and they lived together for five weeks.
Subsequently she finally left Raj. She left to live with her mother. During the stay with her
mother, Ravina discovered that she was two months pregnant. When Raj found out that she
was pregnant, he claimed that the child is not his.

a)

Advice Raj on the assumption that he does not want to continue with the marriage
and comes to you for advice in 2002.
(10 marks)

b)

Would your answer be different from (a) after considering the following facts:
As Ravina left to stay with her mother, Raj felt very lonely and got closer with his
secretary, Letchumi. He brought Letchumi to stay with him in his matrimonial home.
After three months, Raj went through a customary marriage with Letchumi. All the
relatives from both sides came to witness the customary marriage.
(10 marks)

QUESTION 2

In early 2003, Andrew was introduced to Fiona. After a month, Fiona was engaged to him.
However, Fiona continued to go out with her boyfriend, Tom. Tom had in many occasions
conveyed to Fiona that he frequently saw Andrew in a nightclub near his apartment
accompanied by ladies. Fiona told her mother about Andrew's negative activities. However,
her mother did not believe her. On the night after their marriage, Andrew went out and
returned home only the next morning. After his return, he immediately left for work and Fiona
had no opportunity to talk to him. This situation continued throughout their marriage. The
marriage was never consummated. Fiona then turned to Tom for comfort. A month ago,
Fiona found that she is pregnant with Tom's child. She does not know what to do.
Fiona comes to you for advice:
a)

She wants to terminate her marriage with Andrew. What is the best cause of action
for her?
(6 marks)

b)

Tom wants to be the father of Fiona's child after he got to know that the child is his.
What should he do?
(6 marks)

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c)

LW/NOV 2005/LAW470/581

A month ago, Andrew was diagnosised as being HIV positive. Fiona is afraid that
she might be infected with HIV as she had once accidentally stepped on an injection
needle belonging to Andrew. She went for HIV testing recently and would be able to
know the result a few days from now. She would like to know her best cause of
action if she is diagnosised as HIV positive due to the transmission of HIV from
Andrew.
(8 marks)

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LW/NOV 2005/LAW470/581

PARTC

QUESTION 1

Ah Keong and Ping Ping have been married for ten years. They have three children ranging
from the ages of 3 years, 5 years and 7 years. Since three years ago, Ping Ping's mother,
Madam Siew, 82 has been staying with them. Two years ago, Ah Keong who has been
working in ZYM Sdn Bhd, was retrenched due to the financial problems faced by the
company. He has been looking for jobs everywhere but is very choosy over the jobs offered
to him. Ever since unemployed, Ah Keong started coming home late and frequently got
drunk. He often beats Ping Ping and the children. He has not been paying maintenance to
Ping Ping and Ping Ping has started working in a kindergarten near their matrimonial home.
i)

Advise Ping Ping as to the following situations:

a)

Ping Ping saw you in 2003. She wanted to get protection for her children and
herself against abuse from her husband.
Explain to her the protections available to her children and herself under the
relevant statutes in Malaysia.
(10 marks)

b)

ii)

Ping Ping's rights towards the custody of the children if the marriage is
terminated.
(5 marks)

Advise Ah Keong as to the following situations:

a)

The eldest son, Man Man, 7 years old is mentally retarded since birth. Ah
Keong is concerned over his responsibility to maintain him in future.
(5 marks)

b)

Ah Keong claims that he need not maintain Ping Ping because she is earning
her own income. Ah Keong also argues that he is unemployed and could not
pay the amount of maintenance ordered by the court.
(5 marks)

c)

Ah Keong claims that he refuses to maintain Ping Ping as Ping Ping and the
children always stay in her friend's house.
(5 marks)

END OF QUESTION PAPER

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