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LW/APR 2010/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

APRIL 2010

TIME

3 HOURS

INSTRUCTIONS TO CANDIDATES
PART A (6 Questions)
PART B (2 Questions)
PART C (1 Question)

1.

This question paper consists of three (3) parts :

2.

Answer ALL questions PART A, PART B and PART C 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
viii)
Child Act 2001

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/APR 2010/LAW470/581/344

PART A
QUESTION 1
To what extent does public policy play a role in determining the status of parties in matters
relating to family law?
(5 marks)

QUESTION 2
Differentiate domicile of origin and domicile of choice.
(5 marks)

QUESTION 3
Explain two (2) ways in which the status of married woman is improved or enhanced with the
introduction of the Married Women Act 1957.
(5 marks)

QUESTION 4
Differentiate between the meaning of 'living apart' as compared to 'desertion' under the Law
Reform (Marriage and Divorce) Act 1976.
(5 marks)

QUESTION 5
Explain three (3) ways in which legitimization of children may be possible under the law.
(5 marks)

QUESTION 6
Comment on the decision of the court in the case of Letchumy v. Ramadason [1984] 1 MLJ
143.
(5 marks)

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LW/APR 2010/LAW470/581/344

PARTB
QUESTION 1
Simon, a Chinese man was married to Devi, an Indian lady, in accordance with Hindu rites in
July 1970, followed by Chinese custom in August 1970. They have no children. After 35
years of marriage, Simon met Anne and fell in love with her and he intended to end the
marriage with Devi. However, Devi still wanted to continue with their marital relationship.
Simon argued that their marriage is not valid as Devi is a Hindu and he is a Buddist and
above all, their marriage was not registered. At the same time, Simon has promised to Sara,
a beautiful young Chinese lady, that he will marry her upon the dissolution of his marriage.
a)

Advise Simon as to the best cause of action to end the marriage and the possibility of
success.
(10 marks)

b)

Assuming that Simon refuses to marry Sara on the grounds that he is a married man
and that Sara did not disclose that she was previously an alcoholic. Do you think that
Sara would be successful in claiming for a breach of promise to marry?
Discuss.
(10 marks)

QUESTION 2
Danny and Josephine registered their marriage with the Registrar of Marriage in Kuala
Lumpur in 2003. After the registration, they had a marriage ceremony at tiome where tea
was served to their parents and guests. At the time of the marriage ceremony, Josephine
was already pregnant where Danny is the father of the child. After the ceremony, Danny
made every effort to consummate the marriage but was refused by Josephine. Josephine
claimed that she was seduced into having sexual intercourse with Danny and she never
intended to marry Danny. This situation continued until January 2010, when Danny
petitioned for a decree of nullity. The child to the marriage was already six years old.
Advise Danny on the following:
a)

Whether his petition for annulment will be accepted by the court.

(10 marks)

b)

The status of their son and the proper person to be awarded the custody of the child
if the court annulled their marriage taking into consideration that Josephine wants to
marry Dato' Jamal, a rich businessman.
(10 marks)

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LW/APR 2010/LAW470/581/344

PARTC
QUESTION 1
Muthusamy and Rani have been married for 10 years. They have a daughter, Rajeswari who
is 5 years old. Rani has petitioned for divorce last month on the grounds of misbehaviour of
the husband. For the last five years, Muthusamy has kept a mistress and rarely returns to
the matrimonial home. Whenever he returns home, he is always in the state of drunkenness
and does not provide any maintenance to Rani. Muthusamy often shouts and beats
Rajeswari and she is in great fear of him. Rani and Rajeswari on the other hand, turn to
Gopal, Rani's ex-boyfriend for comfort and used to stay overnight at Gopal's house in order
to avoid being battered by Muthusamy.
In her divorce petition, Rani raised the issue of matrimonial home and EPF money together
with the gratuity that Muthusamy received last year. The matrimonial home was registered in
the name of Muthusamy even though Rani contributed 40% of the purchase price.
Advise Rani on the following:
a)

the grounds for divorce and the possibility of success in her claim.
(10 marks)

b)

the legal remedies available to Rani and Rajeswari against the violent acts of
Muthusamy under the respective laws.
(8 marks)

c)

rights over the matrimonial home, EPF money and gratuity of the husband.
(6 marks)

d)

whether she can claim maintenance and arrears of maintenance from the husband.
(6 marks)

END OF QUESTION PAPER

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