s2 2006

CONFIDENTIAL LW/OCT 2006/LAW470/581

UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION

COURSE COURSE CODE EXAMINATION TIME

FAMILY LAW II LAW470/581

: OCTOBER 2006 3 HOURS

INSTRUCTIONS TO CANDIDATES

1.

2.

3.

5.

This question paper consists of THREE (3) parts :

Answer ALL questions in the Answer Booklet.

PART A (6 Questions) PART B (2 Questions) PART C (1 Question)

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

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 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 6 printed pages

Hak Cipta Universiti Teknologi MARA CONFIDENTIAL

CONFIDENTIAL 2 LW/OCT 2006/LAW470/581

PART A

QUESTION 1

Do you agree that the judgment in the case of Nafsiah v Abdul Majid (No 2) [1969] 2 MLJ 175 should be the legal position of the law at this point of time?

(5 marks)

QUESTION 2

Do you agree with the approach adopted in the case of Goodrich v Goodrich [1971] 2 All ER 1340?

(5 marks)

QUESTION 3

Explain the importance of the case of Kang Ka Heng v Ng Mooi Tee & Anor [2001] 3 MLJ 331.

(5 marks)

QUESTION 4

Explain the difference between simple desertion and constructive desertion. (5 marks)

QUESTION 5

Explain the difference between the judgment of the case of Mouncer v Mouncer [1972] 1 WLR 321 and Fuller v Fuller [1973] 1 WLR 730.

(5 marks)

QUESTION 6

Discuss the importance of the case Karunairajah v Punithambigai (2004) 2 MLJ 401. (5 marks)



PARTB

QUESTION 1

Tan married Judy at the Registry of Marriages Selangor on 9 January 2005. At the beginning of the marriage, Tan worked as a door to door salesman selling electrical and household appliances. After the marriage, they lived in a small kampung house at Lorong Kecil with Tan's parents and his grandmother. Judy had difficult time while staying at the matrimonial home as Tan's grandmother dislike Judy as Judy is a Christian whereas Tan is a Buddhist. After the marriage, Judy worked periodically as a hairdresser until about July 2006 after which she devoted herself entirely to looking after their infant child, YoYo, who was born a year after their marriage and carried out household duties. Since their marriage, there was much stress on the marriage. Apart from the stress of living with Tan's parents and his grandmother, Tan had to work long hours as a door to door salesman to support Judy and YoYo.

In March 2006, Tan left the matrimonial home to stay with Ming Ming, whom he had befriended before Tan married Judy. Judy is no longer upset with Tan's action since she met Gay in Mei 2006. Judy however continued to stay at the matrimonial home with Tan's parents and his grandmother as she is not able to secure a rented house of her own. Although Tan left the matrimonial home, Tan regularly visited Yo Yo, three to four times a week and he sometimes stayed overnight at the matrimonial house at Lorong Kecil. During the weekends, Tan continues to take Yo Yo to shopping complexes. In August 2006, Gay proposed to Judy and Judy is very keen to accept his proposal. Judy comes to you for advice.

Advise Judy as to the follows:

a) The best grounds to terminate her marriage and her possibility of success. (15 marks)

b) Her possible claim/s against Ming Ming. (5 marks)



QUESTION 2

Manu and Devi were married in September 2000 in the Registrar of Marriage in Kuantan. In January 2002, the couple was blessed with a beautiful baby girl, Wiwi. Wiwi stayed with Manu and Devi in the matrimonial house in Kuantan. In December 2003, Manu left for Kuala Lumpur to start a business there. Devi continued to stay with Wiwi in their matrimonial house in Kuantan while Manu was away. However, in October 2005, Devi returned to her family home in India ostensibly to celebrate Deepavali with her family. Devi took Wiwi to Manu's parents' house and left her there.

Two months has passed and Devi has not returned to Kuantan. She has not made any telephone call to Manu nor Manu's parents despite the fact that Manu had reminded her several times before her departure to call them every four or five days. She neither wrote to Manu nor Manu's parents nor attempted to contact them in any way. Manu has the fear and suspicion that Devi has no intention of returning to Malaysia. The husband contacted one of Devi's friends and was informed that Devi wanted a divorce and would never return to him and that her marriage was a mistake.

In March 2006, Devi returned to Kuantan and insisted on taking Wiwi to India to stay with her. Her request was rejected by Manu and his parents. As a result, she intends to petition for a custody order from the court. She claimed that Manu and his parents failed to send Wiwi to see a doctor whenever medical attention was required and she alleged that as a result of his parents' negligence and lack of care, Wiwi is sickly and appears to be mentally retarded. Manu and his parents denied Devi's numerous allegations against them and claimed that the latter is paranoid about the health and welfare of the child. They accepted that their child had some problems but pointed out that they had taken concrete steps to arrest the problems. Manu's parents claimed that when Wiwi showed some signs of developmental dyspraxia, they sent him for speech therapy. Furthermore, when the child was diagnosed as having sensory integrative dysfunction, they enrolled her in a course to enhance her sensory processing. Manu's parents are very upset with Devi's claim over the custody of Wiwi and serious allegations of their negligence towards Wiwi. They come to you for advice.

Advise Manu's parents on:

a) Their right to the custody of Wiwi; and (10 marks)

b) The possible legal action/s (and its legal implications) taken by Devi in her allegation of their negligence towards Wiwi and the possibility of success of her action/s.

(10 marks)



PARTC

QUESTION 1

Danny and Catherine were married in August 2000. After the marriage, Danny's parents and sisters stay in the matrimonial home and that has caused problems to Catherine. Catherine had to work long hours and attempts to talk to Danny would be brushed aside because Danny wants to watch television programmes. Danny is an irresponsible husband who could not discuss matters within the family. Catherine's wish to obtain insurance policies was objected to by Danny and his family; as a result Catherine had to take up policies for which she paid with her own money.

When Catherine had to undergo an abortion because of chicken pox during her first pregnancy, Danny was uncaring. Subsequently, during a holiday trip in China, there was a quarrel between Catherine and Danny who failed to understand Catherine's wish to be with her first child who had been left behind. Danny did not accept Catherine's suggestion to send the first child to a child care and as a result, Catherine had to make her own arrangements. Danny always sided with his family whenever there was a quarrel between Catherine and his family members. When they went out, Danny would always walk with his mother and sister. This made Catherine feels inferior, uncared for and unloved. After the second child was born, Danny neglected taking Catherine and the two children to parks, beaches or for social outings. Danny had not introduced any of his friends to Catherine during the five years of marriage. In December 2005, due to the hardships that Catherine faced in the matrimonial home, she got close to Muhammad, her neighbour who introduced her to the Islamic Outreach Centre, which is five kilometers away from her matrimonial home. Since then Catherine often visits the centre and in July 2006, Catherine converted to Islam. Catherine however is very concern about her marital legal status after her conversion and came to you for advice.

Advise Catherine as to the following:

a) Her status of marriage with Danny after her conversion to Islam. (5 marks)

b) The way/ways to terminate her marriage with Danny. (10 marks)

c) Her rights to claim for the maintenance of the children and herself if there is a divorce between them.

(5 marks)



d) Her rights to claim for the custody of the children: i) If there is a divorce between them; and ii) If there is no matrimonial proceeding between Catherine and Danny.

(5 marks) e) Her rights to marry Muhammad in the event there is no divorce between her and

Danny. Discuss also the implication of her marriage with Muhammad. (5 marks)

END OF QUESTION PAPER


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