UN IAPR 2007/LAW470/581

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UNIVERSITI TEKNOLOGI MARA

FINAL EXAMINATION

COURSE

FAMILY LAW II

COURSE CODE

LAW470/581

EXAMINATION

APRIL 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/APR 2007/LAW470/581

PART A
QUESTION 1

Explain the principle in Kanmani v Sundarampillai (1957) MLJ 172.

(5 marks)
QUESTION 2
Jason is in love with Corry and wishes to marry her despite the fact that Corry was born
male and has undergone a sex change operation recently. Comment on the impending
marriage.
(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 how a non-Muslim child who is born illegitimate can be given the status of a
legitimate child in Malaysia.
(5 marks)

QUESTION 5
What are the defenses available to a defendant once a breach of promise is proven by the
plaintiff.
(5 marks)

QUESTION 6
Explain THREE (3) differences between adoption under the Adoption Act 1952 and the
Registration of Adoption Act 1952.
(5 marks)

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LW/APR 2007/LAW470/581

PARTB
QUESTION 1

Anna is 22 years old and is not working. Anna's mother introduced Anna to Andy who
claimed to be a manager in a reputable company. After one month, Anna got married to
Andy at the Kuala Lumpur Registry of Marriages office. There was an agreement between
them that there would be no consummation of the marriage until and after the religious
ceremony took place.
Anna has now refused to go through the religious ceremony. She is upset and claims that
her mother lied to her, as Andy is not a rich man. He is only working as a clerk in the
company.
Advise Anna on whether she could obtain an annulment of her marriage to Andy. Would
your answer be different if it was Andy who wanted to apply for a nullity decree?
(20 marks)
QUESTION 2
Tina married Tong in January 2000. They have a son, Lanny born in December 2002.
Recently, Tong started drinking and has become very abusive towards Tina and Lanny. On
many occasions Tong has beaten both Tina and Lanny and in one particular incident, Tina
was admitted to the General Hospital in Kuala Lumpur. Tina cannot leave the house as she
has nowhere else to go. Tong works as a bus driver.
Advise Tina as to:
a)

what steps she can take immediately to obtain protection for her and Lanny.
(10 marks)

b)

what her rights are regarding maintenance for herself and her child if she refuses to
live with her husband.
(10 marks)

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LW/APR 2007/LAW470/581

PARTC
QUESTION 1
Fanny married George, a successful businessman in 1980. George always travels abroad
for his business trips. Their marriage was an extremely happy one until early 2000 when
George started having an affair with Helen, a struggling actress. Since then the relationship
between George and Fanny has been strained. George has behaved very badly towards
Fanny and is often bad tempered. He nags and shouts at her for no reason whatsoever. He
has even on many occasions shouted and humiliated her in public. George rarely comes
back home as he often stays at Helen's place. He always criticizes Fanny for everything she
does and blames her for wasting 20 years of his life.
Fanny and George have two children, Annie aged 10 years and Johnny aged 19 years who
intends to further his studies in a college. Annie is mentally retarded. Fanny looks after Annie
as George often travels around for his job. George however, loves Annie and Johnny very
much.
Fanny wants to terminate her marriage but is concerned about certain issues. Advise Fanny
as to the following matters:
a)

the grounds on which she can terminate her marriage.

(12 marks)

b)

her rights to claim for maintenance of the children and herself if there is a divorce
between them.
(10 marks)

c)

her right of custody of her two children.

(8 marks)

END OF QUESTION PAPER

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