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  • CONFIDENTIAL23888

    LW/NOV 2005/LAW470/581

    UNIVERSITI TEKNOLOGI MARAFINAL EXAMINATION

    COURSE

    COURSE CODE

    EXAMINATION

    TIME

    FAMILY LAW II

    LAW470/581

    NOVEMBER 2005

    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 theinvigilator.

    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 Paperii) 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 pagesHak Cipta Universiti Teknologi MARA CONFIDENTIAL

  • CONFIDENTIAL 2 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 thetime 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 inMalaysia.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 inMalaysia 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) ofthe Law Reform (Marriage and Divorce) Act 1976.

    (5 marks)

    Hak Cipta Universiti Teknologi MARA CONFIDENTIAL

  • CONFIDENTIAL 3 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 thepreparation for their marriage. Their marriage was registered at the Registry of Marriages inSelangor in 1999. However, after the marriage, Ravina continued keeping in touch with herprevious boyfriend, Kana. In early 2000, Ravina left the matrimonial home and stayed withKana. 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 hermother, Ravina discovered that she was two months pregnant. When Raj found out that shewas pregnant, he claimed that the child is not his.

    a) Advice Raj on the assumption that he does not want to continue with the marriageand 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 hissecretary, Letchumi. He brought Letchumi to stay with him in his matrimonial home.After three months, Raj went through a customary marriage with Letchumi. All therelatives 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 occasionsconveyed to Fiona that he frequently saw Andrew in a nightclub near his apartmentaccompanied 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 andreturned home only the next morning. After his return, he immediately left for work and Fionahad no opportunity to talk to him. This situation continued throughout their marriage. Themarriage 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 actionfor 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)

    Hak Cipta Universiti Teknologi MARA CONFIDENTIAL

  • CONFIDENTIAL 4 LW/NOV 2005/LAW470/581

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

    (8 marks)

    Hak Cipta Universiti Teknologi WIARA CONFIDENTIAL

  • CONFIDENTIAL 5 LW/NOV 2005/LAW470/581

    PARTC

    QUESTION 1

    Ah Keong and Ping Ping have been married for ten years. They have three children rangingfrom 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 beenworking in ZYM Sdn Bhd, was retrenched due to the financial problems faced by thecompany. He has been looking for jobs everywhere but is very choosy over the jobs offeredto him. Ever since unemployed, Ah Keong started coming home late and frequently gotdrunk. He often beats Ping Ping and the children. He has not been paying maintenance toPing 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 therelevant statutes in Malaysia.

    (10 marks)b) Ping Ping's rights towards the custody of the children if the marriage is

    terminated.(5 marks)

    ii) 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 earningher own income. Ah Keong also argues that he is unemployed and could notpay 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

    Hak Cipta Universiti Teknologi MARA CONFIDENTIAL


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