s1 2008

CONFIDENTIAL LW/APR 2008/LAW470/581/344

UNIVERSITI TEKNOLOGI MARAFINAL EXAMINATION

COURSE

COURSE CODEEXAMINATIONTIME

: FAMILY LAW II / FAMILY LAW II (CIVIL) / FAMILYLAW (CIVIL)

: LAW470/581/344: APRIL 2008

: 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 from PART A, PART B and PART C in the Answer Booklet. Starteach answer on a new page.

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

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 Paperii) an Answer Booklet - provided by the Faculty

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SOThis examination paper consists of 4 printed pages

Hak Cipta Universiti Teknologi MARA CONFIDENTIAL

CONFIDENTIAL 2 LW/APR 2008/LAW470/581/344

PART A

QUESTION 1

Explain two (2) types of damages which can be granted by the court in consequence of abreach of betrothal.

(5 marks)

QUESTION 2

State the legal principle applied in the case of Corbett v Corbett [1970] 2 All ER 33.(5 marks)

QUESTION 3

Do you agree with the approach made by Mohamed Dzaiddin SCJ in the case of Tan SungMooi v Too Miew Kim [1994] 3 MLJ 117?

(5 marks)

QUESTION 4

Explain briefly the ways by which the legitimation of children is possible in Malaysia.

(5 marks)QUESTION 5

Give three (3) differences between adoption under the Adoption Act 1952 and theRegistration of Adoptions Act 1952.

(5 marks)

QUESTION 6

Identify the differences in the judicial approach in Ching Seng Woah v Lim Shook Lim (1997)1 MLJ 109 and Karunairajah v Punithambigai (2004) 2 MLJ 401.

(5 marks)


CONFIDENTIAL 3 LW/APR2008/LAW470/581/344

PARTB

QUESTION 1

Jenny Susanto who is an Indonesian Christian has been married to Chan Meng Soo who isa Malaysian Buddhist for the last ten years. The solemnization of the marriage wasconducted in a church in Jakarta. They have been blessed with a daughter, Jennifer agedfour years. In 2002, Jenny and Chan bought a new matrimonial home in Setapak, KualaLumpur and sold the old one in Jakarta. In early 2007, they came to an agreement that theirmarriage should be dissolved due to some problems. However, in June 2007, without theknowledge and consent of Chan, Jenny took their daughter, Jennifer to Indonesia.

Chan now seeks your advise on :

a) Whether the court in Malaysia has jurisdiction to grant the divorce decree sought byhim.

(12 marks)b) Whether he has the right to the custody of his daughter, Jennifer.

(8 marks)

QUESTION 2

In 1990, Sipah, who is an aborigine married an Indian man, Sidhu. The marriage was inaccordance with the aboriginal customs and beliefs whereby they had to serve rice wine tothe chief of the tribe. The marriage was not registered under the Law Reform (Marriage andDivorce) Act 1976.Sipah, actually was adopted by her aboriginal parents from a Chinese couple a long timeago. Sipah and Sidhu have no children but adopted a son, Saravanan from an orphanage.Recently, Sidhu who was a loving husband changed because of financial problems. Losinghis temper easily, he has started beating Sipah and Saravanan everyday.

Based on the facts above, advise Sipah on:

a) The status of the marriage and whether she has a ground for divorce.(12 marks)

b) Whether she can get any form of protection for her son and herself.(8 marks)


CONFIDENTIAL 4 LW/APR 2008/LAW470/581/344

PARTC

QUESTION 1

Raju and Shanti were arranged to be married to each other by their families. The marriagewas solemnized and registered under the Law Reform (Marriage and Divorce) Act 1976 inJanuary 2007 at the office of the Registrar of Death and Marriages, Shah Alam. Howeverafter the marriage ceremony, Shanti refused to consummate the marriage. Being a religiousperson, she found it impossible to consummate the marriage without undergoing thereligious ceremony. She insisted on having a marriage ceremony according to Hindu ritesbut Raju disagreed.

Frustrated with Raju, Shanti left the matrimonial home and stayed with her friend in ShahAlam. Raju had visited Shanti many times and tried to persuade her to come back to theirmatrimonial home but his efforts were futile. As a result, Raju visited her less often.Raju, who is known for his flirtatious character, began having an affair with Julie, hissecretary. He brought Julie home on many occasions and now Julie is pregnant.

Shanti believes that Raju does not love her anymore and wishes to end the relationship withRaju.

Advise Shanti on the following matters:-

a) The options available to her to end the marriage.(20 marks)

b) Her possible claim against Julie.(5 marks)

c) Her right to claim for maintenance if there is no divorce between Raju and her.(5 marks)

END OF QUESTION PAPER


s1 2008

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