Civil Family Law

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CONFIDENTIAL

LW/APR 2006/LAW470/581

UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION

COURSE COURSE CODE EXAMINATION TIME

: : : :

FAMILY LAW II LAW470/581 APRIL 2006 3 HOURS

INSTRUCTIONS TO CANDIDATES
This question paper consists of THREE (3) parts : PART A (6 Questions) PART B (2 Questions) PART C (1 Question)

2. 3. 4.

Answer ALL questions. Answer to each question must be written in the answer booklet. 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 (Hi) 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 4 printed pages
©Hak Cipta Universiti Teknologi MARA

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LW/APR 2006/LAW470/581

PART A QUESTION 1 Explain the principle which is derived in Wharton v. Lewis (1824) 1 C & P 529. (5 marks) QUESTION 2 Explain the principle which is derived in Kanmani v. Sundarampillai [1957] M.L.J. 172. (5 marks) QUESTION 3 Do you agree with the judgment of Vohrah J in the case of Letchumy v. Ramadason [1984] 1 MLJ 143? Support your answer with legal authority. (5 marks)

QUESTION 4 Explain the difference between simple desertion and constructive desertion. (5 marks)

QUESTION 5 Apart from the Domestic Violence Act 1994, explain other statute(s) that provide protection to battered non-Muslim wives in Malaysia. (5 marks) QUESTION 6 Discuss the difference between the Married Women and Children (Maintenance) Act 1950 and the Law Reform (Marriage and Divorce) Act 1976 in providing remedy for non-Muslim wives. (5 marks)

© Hak Cipta Universiti Teknologi MARA

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LW/APR 2006/LAW470/581

PARTB QUESTION 1

Nee Nee, aged 34, is pressured by her mother to get married as she is getting older. One day, Nee Nee was introduced by her cousin to a businessman named Hong Chau. Three months later, Hong Chau proposed to Nee Nee. Due to the pressure by both families, Nee Nee agreed to his proposal. Without much thought about the matter, Nee Nee and Hong Chau registered their marriage in Selangor. During the registration of the marriage, Nee Nee and Hong Chau mutually agreed to give each other a grace period of three months to get to know each other better and to make up their mind whether to continue with their marital status. Nee Nee and Hong Chau lived separately and only meet during lunch and dinner. A month after the registration of the marriage, a tea ceremony was carried out and both attended the ceremony and were witnessed by relatives from both sides of the families. However, three days after the tea ceremony, Nee Nee expressed her intention of converting to Islam and came to you for advise. She is not sure of whether to continue her marriage with Hong Chau or otherwise. You are to advise her as to the best way to end their marriage (if she intends to do so), and to explain to her the consequences of conversion to Islam to her status of marriage and maintenance, if she opts to continue with her marriage with Hong Chau. (20 marks) QUESTION 2 Devi and Gandhi has been married for eight years. When they first got married, Gandhi was walking with canes and he told Devi that it was temporary that he would walk again. However shortly after they got married, he sustained a spinal fracture and refused to continue therapy although he knew that the therapy could help him walk with canes again but instead he requested a wheelchair. Their relationship has deteriorated sexually. Gandhi is now impotent. They have not...
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