FAMILY LAW 1/ LAW 2220

TUTORIAL QUESTIONS:
(COMPILATION OF PAST SEMESTERS QUESTIONS)
Asst. Prof. Dr Roslina Che Soh
(Course Coordinator)
Asst. Prof. Dr Noraini Md Hashim
Asst. Prof. Dr Norliah Ibrahim

1. MARRIAGE
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A.HISTORICAL OUTLINE
Q1
Alongside the common law and customary law of the Kadazans, Ibans and other
people of Malaysia and Singapore, Chinese customary law was also given recognition
by the courts and legislature.
Per Lee Hun Hoe CJ (Borneo) in Yeap Leong Huat v Yeap Leong Soon & Anor [1989]
3 MLJ 151 at p. 161.
In light of the above statements, discuss the position of Chinese customary
marriage in Malaysia before and after the enforcement of Law Reform (Marriage &
Divorce) Act 1976.
(15 marks)
Q2
Richards parents were married according to Chinese custom in 1985. His father
LimTow Siew died intestate in 2000. He came to know that his father had another
two marriages; in 1970 under the Christian Marriage Ordinance 1956, and in 1975
under the Chinese customary law while the first marriage was still subsisting.

Advise Richard as to the validity of his parents marriage and his fathers earlier
marriages.
(15 marks)
Q3
In 2005, at the age of 17, Elizabeth Ong entered into a marriage with Richard
Wong who was 40 years old then. Elizabeths parents had opposed her plan to
marry Richard, and thus she and Richard had their marriage solemnised in China.
A few weeks after the solemnisation of the marriage, Richard confessed to
Elizabeth that in 1980, he had entered into a marriage under the Christian
Marriage Ordinance 1956 with another man named David. Elizabeth is seeking your
advice as to the validity of her marriage with Richard. Advise her.
(15 marks)
B.BETROTHAL

Q1
The validity of a promise, made by a defendant who at the time of making the
promise already married, to a plaintiff who, when the promise was made, was aware
of his status, has not been fully settled in law.
Per Lim Beng Choon J., in Oh Thevesa v. Sia Hok Chai [1992] 1 MLJ 215, at p. 223
Comment.
(8 Marks)
Q2.
Elizabeth Chong who is staying in London but domiciles in Malaysia wants to seek
your advice on the following matters:
(a) Whether the definition of marriage in the classical case of Hyde v Hyde (1866)
LR 1 P & D 130, is in line with the provisions laid down in the Law Reform (Marriage
& Divorce) Act 1976.
(8 marks)
(b) Whether Malaysia should follow the development in England with regard to
action for breach of promise to marry.
(3 marks)

C.MARRIAGE REQUIREMENTS & DOMICILE

Q1
Bernard Chan, a 45 year old Malaysian, first met Christie Ng, an 18 year old model
from Sweden, at a fashion show in Singapore in 1998. They appeared to have many
things in common, despite their age difference. They decided to get married after
one year of courtship. Unknown to Christie, Bernard is a married man with three
children from of his first marriage contracted with Swee Chan under the Christian
Marriage Ordinance 1956. Bernard's parents and Swee Chan did not object to his
intention to marry Christie because according to their understanding, Chinese are
polygamous by race. A week before the marriage, Bernard was very surprised to
hear Christie's confession that she was actually born as a boy and had undergone a
sex-change operation at the age of 10, and since then she has been recognised as a
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female. Bernard ignored that fact since he loved Christie very much and intended
to proceed with their plan. Knowing the fact that they might face a problem if the
marriage were to be contracted in Malaysia, they decided to contract the marriage
in Sweden which recognised marriages between transsexuals.
Based on the above facts, answer the following:a) Discuss the validity of the two marriages after the enforcement of the Law
Reform (Marriage and Divorce) Act 1976.
(7 marks)
b) Presuming that Bernard is not a married man, discuss the rules of domicile in
determining the validity of the marriage in Sweden.
(4 marks)
c) If Bernard refuses to marry Christie, can she take legal action against him?
(4 marks)
Q2

George Tan who is a CEO at Success Partnership Sdn. Bhd. married Moi Tan in
1980 under Chinese custom. They are blessed with five daughters and two sons.
Last month,while attending a dinner for a business function at Pan Pacific hotel, he
met Suzie Lim, a 16 year old charming girl. He fell in love with her at the first sight
as he realised that she was the woman who he was looking for all this while. Suzie
immediately agreed to marry him when he proposed to her. Nevertheless, she is
worried that her secret will be revealed. She was actually born as a boy and two
years ago underwent a sex change operation. Since then, she has been recognised
as a female. When she introduced George to her parents, it came to their
knowledge that George is actually her long lost paternal uncle. She was also
informed by one of her friends that the marriage between George and Moi Tan was
not valid as it was not registered under Law Reform (Marriage and Divorce) Act
1976. Confused with the situation, Suzie comes to seek your advice as to whether
she can proceed with the marriage. Advise her.
(15 marks)

Q3
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Ah Chong and Ah Moi, both Malaysians married according to Chinese custom in

1980. Ah Chong is originally from Taiwan and has been residing in Malaysia since
1980. In Malaysia, he has acquired many properties including 10 acres of rubber
estate, a few bungalows and 5 expensive cars. He also has bought a lot of shares
from various listed companies and has intention to stay permanently in Malaysia if
his business is doing very well. In 2005, he was attracted to his business partner,
Michelle Tan. He proposed to marry her while they were on the flight to Australia
for a business trip. He represented himself as a single man. In 2007, he refused to
marry Michelle because he fell in love with Letchumy, a 16-year-old-model. He
decided to marry Letchumy in December this year. Letchumys parents, however,
strongly disagreed with the marriage as they have planned to marry her to their
close relative, Rajendran. Moreover, they believe that a marriage between
different races is not in accordance with their custom and religion.
Based on the above facts, advise Ah Chong on the followings:
(a) The validity of his marriage with Ah Moi.
(3 marks)
(b) Whether Michelle Tan can sue him for breach of promise to marry. (2 marks)
(c) Whether his intended marriage with Letchumy is valid.
(7 marks)
(d) Whether he has acquired domicile of choice in Malaysia.
(3 marks)

D.PROCEDURES & FORMALITIES

Q1
.the marginal note to s. 34 of the Act confirms beyond doubt what the section
says. To paraphrase the section, it says that a marriage is otherwise valid is not
invalid merely because it has not been registered under the Act.
Per Gopal Sri Ram JCA., in the case of Chai Siew Yin v Leong Wee Shing [2004] 1
CLJ 752, at p. 757.
Critically examine the above quotation in relation to the registration of marriage
under the Law Reform (Marriage and Divorce) Act 1976.
(9 marks)

Q2
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Advise the parties below as to the law relating to the solemnization and formalities
of marriage as in Malaysia:
a. John Jugah, a 19 years old Kadazan student from Sabah, wished to marry
Annei Goh , a 17 years old Chinese lady from Sg. Rambai, Melaka.
b. Ramanathan desires to marry Shanti in a Hindu temple where both their
parents solemnized their marriage years ago.
c. Richard Lee, a 19 years old college student wished to marry Samantha Chong
33 years. However, Richards father opposed to his idea and refused to give
his consent, as Samantha is much older that Richard, only a house cleaner
and an illiterate person.
d. Cecilia Wong Pui Nee, aged 17, a young widowed woman with a child wished to
marry David Arumugam, a 20 years old divorcee.

(15 marks)

Q3
Jessica, 18 years old, wants to marry Jerry. Jessica is told by her parents
Jonathan and Alice - that they are not her biological parents. They have adopted
Jessica under the Adoption Act 1952 when Jessica was one year old from an
unmarried couple by the name of James and Jane. Jonathan and Alice do not have
the contact of either James or Jane. Advise Jessica and Jerry on their capacity
and the procedure to contract a valid marriage in Malaysia. In your answer, discuss
also the legal effect of the adoption of Jessica by Jonathan and Alice.
(15 marks)

E.MAINTENANCE DURING MARRIAGE & EFFECT OF MARRIAGE

Q1
With reference to the relevant statutory provisions and decided cases, explain the
rights of a married woman to claim maintenance during the subsistence of the
marriage and after the dissolution of the marriage.
(15 Marks)

Q2
Samson and Delilah have four children out of their arranged marriage. Adam,
aged 18 years old who is still studying in a private college; Eve aged 12 years old
who is mentally retarded and studying at a special school; Joseph who is 10 years
old and David 8 years old who are both studying in a local primary school. Samson
has a mistress, Zsa Zsa, tends to spend most of his time with her, and has been
neglecting Delilah and his children. Delilah wants to know as to her and her
children rights to maintenance under the relevant law in Malaysia.
(15 marks)
F.NULLITY OF MARRIAGE
Q1
Ah Bee 30 and Chan May 28 solemnised their marriage at the Registry of Marriage
in Kuala Lumpur in accordance with the provisions of the Law Reform (Marriage
And Divorce) Act, 1976.
Both agreed that the ceremony at the Registry of Marriage is to be followed by
another ceremony conducted according to Chinese customary rites. They agreed
that cohabitation and consummation of the marriage would only take place after
the customary ceremony has been performed.
A week after the civil marriage at the Registry office, Ah Bee left for Paris for
business purposes. Prior to his departure, he informed Chan May that he would fix
a date for the Chinese ceremony. After he came back from Paris, Ah Bee went to
see Chan May at her mothers house and told her that he is looking for
accommodation for them to set up their matrimonial home and that the Chinese
ceremony would take place once he has found the accommodation. Chan May
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suggested that they could live in a room at her mothers house and requested Ah
Bee to make arrangements for the Chinese ceremony but Ah Bee did not respond
to this suggestion. One month has passed since the civil ceremony; Chan May was
informed that Ah Bee has been dating another girl. Chan May is very upset and as a
result she suffers from mental disorder. While Chan May is receiving treatment
from a psychiatrist, Ah Bee went for holiday abroad with his new lover. Both
parties subsequently wished to petition for decree of nullity in respect of their
marriage.
Based on the above facts, discuss the followings:
a) The jurisdiction of the Malaysian Court to grant decree of nullity
(3 Marks)
b) The ground available to Chan May to annul the marriage.
(8 Marks)
c) Whether Ah Bee can apply for decree of nullity based on Chan Mays mental
disorder
(4 Marks)

Q2
Shaline, 20 years of age, was forced by her parents to marry Veloo, 38, a man of
their choice. The marriage was arranged in haste in order to conceal the fact that
Shaline wasalready three weeks pregnant. The parents threatened Shaline that
they will disown her ifshe refused to marry Veloo. Even on the day of the marriage
she was slapped by the brother for refusing to go through the civil ceremony. It
was agreed between the parties that they will only consummate the marriage after
a religious ceremony according to the Hindu rites has been performed. Shortly
before the agreed date for the religious ceremony, Shaline informed Veloo and her
parents that she did not wish to go ahead with the ceremony because she did not
love Veloo. Surprisingly Veloo also did not wish to proceed with the religious
ceremony for fear that the fact he had underwent a gender reassignment surgery
at the age of 30 to become a man will be revealed.

Based on the above facts, discuss whether the parties involved are entitled to a
decree of nullity in respect of their marriage. Support your answer with relevant
statutory provisions and case law.
(15 marks)
Q3
Two years ago, Raymond, a Malaysian, fell in love with Kathy, a Russian lady who had
just arrived in the country and spoke little English. Raymond persuaded her to go
through a marriage ceremony, which Kathy thought that it was merely a ceremony
of betrothal. When Raymond approached her to have sexual intercourse, Kathy
suggested that he used contraceptive sheath because she was HIV positive.
Raymond disagreed and consequently the marriage has never been consummated.
Recently, Raymond met Lisa and intends to marry her as soon as possible despite
the fact that she was born a male and had undergone a sex-change operation.
When Kathy knew about Raymonds plan to marry Lisa, she was extremely upset and
went back to hercountry for good.
Discuss:
(a) whether Malaysian High Court has the jurisdiction to entertain the nullity
petition.
(3 marks)
(b) the possible grounds for the parties to nullify the marriage.
(9 marks)
(c) the validity of Raymonds intended union with Lisa.
(3 marks)
Q4
Johnny Wong, a Malaysian citizen and Christie Bennet, a Singaporean, fell in love at
first sight when they first met at a medical conference in Hong Kong. They
decided to get married and agreed to solemnize the marriage at the Malaysian
Embassy there. Immediately after the marriage, they returned to Malaysia and
stay in Damansara, Kuala Lumpur as Johnny works as a surgeon in Damansara
Specialist Hospital. Johnny feels sad because Christie refused to consummate
their marriage. Johnny brought her to meet his friend, Dr. Hong, a psychiatrist for
treatment. After a few sessions of treatment, Christie disclosed to Dr. Hong that
her refusal to consummate is due to the fact that before the marriage, her uterus
(womb) had to be removed because of cancer. As a result of the incident, she
suffered mental depression, for which she had to be admitted to a mental hospital
for several occasions. She is afraid that Johnny would leave her if he knows about
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her past history. Meanwhile, Johnny who was depressed with the situation became
acquainted with Swee Ling, a guest relation officer (GRO). Unknown to him, Swee
Ling is a HIV-Aids carrier and as a result of their intimate relationship, he has
contracted the disease. Johnny later found out about Christies past history and
decided to annul the marriage.
Based on the above facts, discuss:
(a) Whether the Malaysian court has jurisdiction to entertain the application for
nullity?
(3 marks)
(b) What are the possible grounds for Johnny to annul the marriage? (8 marks)
(c) Are there any possible grounds for Christie to annul the marriage? (4 marks)

G.DO
MESTIC VIOLENCE
Q1
Nancy is an ambitious politician. She has been involved in politics since she was 21
years old. In June 2004, at the age of 33, she entered into a valid marriage with
Anderson. In July 2007, Nancy found out that Anderson had an extra marital
affair with a woman named Julie. Nancy confronted Anderson on the matter and
consequently she was punched and kicked by Anderson. Anderson left her that day
after taking a set of jewellery belonging to her. Anderson also stopped giving her
maintenance.
Advise Nancy on actions that she can take against Anderson.
(15 marks)

Q2
Lee Law Thy and Swee Hiang have been married for ten months. Swee Hiang feels
unhappy in her marriage because Lee Law Thy is unable to consummate the
marriage. Each time Swee Hiang raises the issue, Lees temper will flare and will
immediately hit her. The injuries that Swee Hiang sustained caused her to fall ill
and she had to be hospitalized for two weeks. Now, Swee Hiang feels emotionally
pressured. Swee Hiang seeks your advice on the following matters:
a) What are the remedies available as she suffers physical and emotional injuries?
(12 marks)

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b) Whether she can dissolve her marriage under the Law Reform Act (Marriage
and Divorce) Act 1976.
(3 marks)
Q3
Lim Ah Lek and Mimi Choo have been married for 5 months. Actually, Mimi is
distress with her marriage as Lim Ah Lek is incapable to consummate their
marriage due to his prostate cancer. Each time Mimi raised the issue; Ah Leks will
lose his temper and hit her badly. Unfortunately, the final blow inflicted on her
has caused her a major injury and she was hospitalized for two weeks. At present,
Mimi is emotionally and mentally pressured.

Mimi seeks your advice on the

following matters:
(a) What is the best type of dissolution should she apply for?
(b) What are the protections available for her under the relevant laws in
Malaysia?
(15 marks)

2. DISSOLUTION OF MARRIAGE
A. S51 LRA-CONVERSION
Q1
as under section 51 of the Act, Parliament provides that where one party to a
marriage has converted to Islam, the other party who has not so converted
(hereinafter interchangeably referred to as the unconverted spouse or party) may
petition for divorce.
Per Suriyadi bin Halim Omar J. in the case of Tey Siew Choo @ Nur Aishah Tay
binti Abdullah v Teo Eng Hua. [1999] 3 AMR 279, at p.2783.
In light of the above quotation, discuss the effect of conversion to Islam on the
status of marriage and ancillary claims under the Law Reform (Marriage & Divorce)
Act 1976.
(15 Marks)
Q2
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Leong Wee Chong, a Chinese man domiciled in Malaysia married Mary Chua, a
Chinese woman originally domiciled in Singapore. The marriage took place in 1985 at
Johore Bharu under the provision of the Law Reform (Marriage & Divorce) Act
1976. At that time Leong was a government officer attached to the Ministery of
Education.
In 1990, Leong embraced Islam and assumed Muslim name, Ehsan Chong. He
persuaded Mary to follow him but she refused. Ehsan then left Mary though he
loves her very much. Three years later, he married a Muslim woman, Shamsiah.
In 1998, Ehsan had to retire from his job due to his poor health. Six months after,
he died due to heart attack.
Mary found out about Ehsans death from his friends. She immediately sought a
declaration from the court that she is still the legal wife of Ehsan and therefore
entitled to his pension under the Pension Act 1980.
Mary came to see you for advice. Advise her.
(15 Marks)
Q3
.it would seem to us that Parliament, in enacting sub-s 51(2), must have had in
mind to give a protection to non-Muslim spouses and children of the marriage
against a Muslim convert. Perhaps, in its desire to accord such protection of the
law, it failed to foresee a situation such as in the present reference where the
parties remained a non-Muslims until after the marriage was dissolved, and then
one party converted to Islam.
Per Dzaiddin J. in the case of Tan Sung Mooi v Too Miew Kim [1994] 3 MLJ 117 at
p. 124.
In light of the above quotation, examine the rights of a non-converting spouse to
claim for ancillary relief in case of conversion.
(15 marks)

Q4
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Shaline, a seventeen-year-old Sikh girl, ran away from home to stay with her
boyfriend Albert Tan who is a Chinese. Both of their parents objected to their
relationship since they were from different races. After a few months staying
together and after a big quarrel with Albert, Shaline decided to return home.
Several months later, Shaline gave birth to a baby boy, named Dave. Shalines
mother, who was ashamed of Shalines conduct, arranged a marriage between her
and her cousin, Ranjit, a lecturer in one of the private colleges in Kuala Lumpur.
Ranjit always mentioned to her that he loved Dave very much and treated him as
his own son. A few years after the marriage, Shaline noticed that Ranjit had been
attracted to Islam when he always followed his Muslim friends to attend Islamic
gatherings. Last month, while having a dinner together, Ranjit informed Shaline
that he had already converted to Islam and persuaded Shaline to follow him. Next
day, Ranjit decided to pack his belonging and left the matrimonial home.
Shaline was very upset with the situation. She decided to find a job to maintain
herself and Dave. While working, she left Dave with her neighbours, Mrs. and Mr.
Ramoo. Feeling very sympathy with Shaline, they expressed their intention to
adopt Dave.
Last week, Shaline was very shocked to receive a letter from the Syariah Court,
informing her that Ranjit had officially converted to Islam. The letter also stated
that Shaline is very confused. She comes to see you for advice. Advise her on the
following matters:(a) Status of the marriage.
(6 marks)
(b) Right of Ranjit to apply for divorce
(2 marks)
(c) Obligation of Ranjit to give maintenance to Dave.
(2 marks)
(d) Effects of adoption order under the Adoption Act 1952 and the Registration of
Adoption Act 1952, if she were to allow Mr. and Mrs. Ramoo to adopt Dave.
(4 marks)
B.S52 LRA-MUTUAL CONSENT
Q1
Jones Norman, an Australian, met Carol Chew, a Malaysian lady, in 1986 while both
were studying at the Monash University. Immediately after their graduation in
July 1990, they got married at the Malaysian High Commission in Australia under
the Law Reform (Marriage and Divorce) Act 1976. Five years after that, they came
back to Malaysia and stayed in Kuala Lumpur. Jones who is running a company in
Australia decided to set up a subsidiary company in Malaysia. He also bought a
13

bungalow in Bukit Damansara where he resides together with his family and an
apartment for his parents in law. He also owns shares in several listed companies in
Kuala Lumpur. Unfortunately, since early this year, the matrimonial bliss was
disrupted when Carol discovered that Jones was madly in love with his business
partner, Sabrina. Carol decided to petition for a divorce and for the sake of their
two children, aged 9 and 5 years old respectively, Jones suggested that the
petition for divorce should be done mutually in order to avoid any difficulty among
them.
Based on the above facts, discuss the following:i) Whether the Malaysian High Court has jurisdiction to entertain their divorce
petition.
(5 marks)
ii) Whether both of them can mutually dissolve their marriage.
(5 marks)

Q2
Richard is a successful businessman. Six years ago he married Kelly, a divorcee.
Since the last six months their relationship deteriorated and Richard decided to
divorce her. He comes to see you for advice. Advise him on the following matters:
i) Divorce by mutual consent
(4 marks)
ii) Division of matrimonial property
(6 marks)

C.SS53 & 54 LRA-IBM

Q1
Baljit Singh and Balvi Kaur, originally from Penang are married couple who are
blessed with two daughters, named Jaswin and Balwin. Eight months after their
younger daughter was born, Baljits application to read his LL.B Degree in
International Islamic University Malaysia was accepted. Due to financial
constraint, Baljit cannot afford to bring his family to stay together with him in
14

Kuala Lumpur. Thus, he has to leave Balvi and the two girls at their hometown
staying with his parents-in-law.
Two months had passed where every fortnightly Baljit has to commute by bus from
Kuala Lumpur to Penang to see his family. However, since the last three weeks, he
was unable to do so as he was very busy with all the tests and assignments and the
fact that the final exam is just around the corner.
Recently, Baljit was very shocked to discover from the Family Law lecturer that
one of the elements for desertion is de facto separation i.e., when the husband and
wife are not living in the same house.
He was very confused and anxious to know whether his wife is in the state of
desertion. He comes to see you for advice. Advise him.
(15 marks)
Q2
Mong Praset Wongphattarakul a Thailand domicile, has been married to a Chinese
woman, May Wong Chew, from Malaysia for fifteen years. The marriage was
registered under the Law Reform (Marriage and Divorce) Act 1976. They are
blessed with seven children ages from three to twelve years old.
Since the last two years, the couple was no longer in good terms. Everything
started with the delivery of the triplets baby, which not only has extremely
increased their financial responsibilities but also demanded their attention. Mong
became annoyed on hearing the children crying. Frequent disputes and quarrels
occurred which eventually caused Mong to leave the matrimonial home and stayed
with his friends. Since then, cohabitation between them completely ceased.
May who was so depressed with the situation approached her neighbour, Kiram
Singh, a widower and related her problem to him. Soon after they realized that
they were meant to be together.
Last week, May was very shocked to see Wong in front of her door when he
confessed that he missed her and the children very much. She just cried and told
him that she is now four months pregnant out of his relationship with Kiram Singh.
Discuss the following:-

15

(a) Does the Malaysian court have jurisdiction to entertain their divorce petition?
(4 marks)
(b) What are the possible grounds for the parties to dissolve their marriage?
(9 Marks)
(c) Can they file a divorce petition under section 52 of the LRA?

(2 marks)

Q3
E-Kin Cheng is a Chinese businessman originated from Hong Kong. He has been
living and working in Malaysia since 1970. In 1972 he married Rosamond Kwan from
Kepong in accordance with the Chinese customary marriage and intended to make
Malaysia as his matrimonial home. Their marriage life sailed smoothly until his
business suffered major loss in 2001 due to mismanagement. E-Kin turned into a
depressed and silent person but at times he became temperamental and violent. He
often came back late and there were occasions when he was absent from home for
several weeks. When he was around, the couple slept in different rooms, had
separate meals and hardly spoke to each other. This went on for 10 months until EKin decided to move out from the house and cohabit with his new girlfriend, Coco,
in December 2002. Since E-Kin left the matrimonial house he had not contacted
Rosamond. In October 2003, out of the blue, E-Kin turned up at their matrimonial
home to take all his belongings. After having consensual sexual intercourse with
Rosamond, he left the house for good. In November 2003, Rosamond informed Edid not receive this news favorably. In order to relieve his problem he flew back to
Hong Kong on the Christmas Day 2003 for a short vacation. Meanwhile Rosamond
met a nice guy, Jet Li, during a dinner party in January 2004. She realised that he
was the man of her dream and decided to take him as her partner for life.
Rosamond wished to petition for a divorce but she was not aware that E-Kin was
out of Malaysia at that time.
Based on the above facts, discuss:
(a) Whether the Malaysian High Court has the jurisdiction to entertain her divorce
petition.
(5 marks)
(b) The grounds for divorce available to Rosamond.
(10 marks)
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Q4
John Santaggelo, originally from Spain was married on December 25, 1999, to Anne
Semuel, a Malaysian who is a full time housewife, under the Law Reform (Marriage
and Divorce) Act 1976. During the marriage, John struck a lottery and won RM 1
million. With the money, John purchased a bungalow at Bukit Hartamas and
registered it under their respective names; with each party holding a half share
each. He also owned a substantial amount of money in his Employee Provident Fund,
which was accumulated through out their marriage. Last month, John informed
Anne that he wished to divorce her and marry his girlfriend, Lisa who is now three
month pregnant out of their relationship.
Based on the above facts, answer the following:
a) Jurisdiction of the Malaysian Court to entertain the divorce petition.
b) Application by Anne for the division of the matrimonial property.
c) Status of the child conceived by Lisa.

(3 marks)

(6 marks)
(3 marks)

d) Action by Lisa against John upon his refusal to marry her.

(3 marks)

Q5
Sundrea is not a happy wife because her husband, Naidu, spends a lot of his time at
a temple and seldom at home. Moreover, every month, Naidu donates 50 percent of
his income to the temple. After one year of marriage, Sundrea has fallen in love
with another man named Gopal and wishes to marry him.
(a) Sundrea is engaging you as her lawyer in order to obtain a decree of divorce.
Present your argument.
(8 marks)
(b) How would you argue on behalf of Sundrea if her marriage with Naidu is three
years old?
(7 marks)

Q6
Arumugam and Meenachi married in 2000 at the Registrar Office in Ipoh. They
were happy couple until last year when Arumugam was retrenched from his work.
Since then,he frequently visited nightclub. He always came back very late at night
which caused dissatisfaction to Meenachi. Meanwhile, Meenachi who felt lonely at
17

home found a new friend, Joe. After a few meetings, Meenachi found out that Joe
is the one whom she is looking for all this while and therefore agreed to sleep with
him in a few occasions.
Based on the above facts;
(a) Advise both Arumugam and Meenachi as to their rights to apply for divorce.
(8 marks)
(b) Elaborate the right of Arumugam to apply for damages against Joe and the
factors that will be taken into consideration in determining the amount of damages.
(4 marks)
(c) Explain whether the court has the jurisdiction to hear the petition.
(3 marks)

D.MAINTENANCE AFTER DIVORCE/MATRIMONIAL PROPERTY

Q1.
Alex, a businessman met Tina Chew, in one of their business meetings. They fell in
love and decided to get married. After the marriage, they moved to a house
purchased by Alex equally shared with his mother Madam Ngoi one year before the
marriage. On the day when Tina delivered their first son, Madam Ngoi had
transferred her half share to Alex who thus become its sole owner.
For the convenience of their son, they decided to renovate the house and half of
the cost was borned by Tina. Hence, new furniture has been bought to replace the
old one. All in all, it costs about RM 80,000. Eight years after that, the couple
were blessed with a daughter. On the advice of Alex, Tina stopped working in order
to concentrate in the upbringing of the two children.
A year later, a matrimonial dispute arose between them when Tina met her exboyfriend, Allan. They always went out together without Alexs knowledge. Alex
was very angry when he knew about their relationship. He decided to divorce her
and was granted a decree nisi of divorce on the sole ground of the wifes adultery.
Tina comes to see you for advice.
Advise her on the following matters:(a) Can she get her share in the house?

18

(5 Marks)

(b) Can she claim for maintenance and matrimonial property despite the fact
that the divorce has been granted on the ground of her adultery?
(3 Marks)
(c) She also intends to claim her share in Alexs membership country club and
his money in the Employer Provident Fund (EPF).
(3 Marks)
(d) Who will get the custody of the two children?
(4 marks)
Q2
George Chen and Suzie Wong have been married for 20 years. The marriage was
registered under the Law Reform (Marriage & Divorce) Act 1976. During the
marriage, George bought a house in Petaling Jaya and registered it under their
respective names, with each party holding a half share each. He also bought a
house in Johore and registered it under his name. He opened a joint saving account
with his wife in Maybank. Due to the economic downturn, he was retrenched from
his company and now as a jobless husband, he had to depend on Suzie, who is a
senior executive officer with Berjaya Holdings to support the family. They have
two children age 9 and 18 years respectively.
As a senior officer, Suzie is very busy with her work, which requires her to spend
most of her time in the office. As a result, their relationship becomes sour that
results to frequent quarrel. Recently, Suzie met her ex-boyfriend and they always
went out together without the husband knowledge. They planned to get married as
soon as possible.
Advise Suzie on the following matters:(i) Can the unemployed/ jobless husband be ordered to pay maintenance to his wife
or former wife?
(2 marks)
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(ii) Upon divorce can she apply for a half share in the house bought and registered
under the husbands name and the joint saving account.
(4 marks)
(iii) Upon divorce, can she apply for maintenance to be paid in lump sum.

(2 Marks)

(iv) Can she claim for maintenance if she committed adultery

(2 Marks)
(v) Can she apply for the maintenance of her two children.
(5 marks)
Q3
George Gloomy married Nicole Katman on 12th November 1989 under the Law
Reform (Marriage & Divorce) Act 1976. Soon after the marriage, George bought a
house in UK Height and registered it under their joint names with each party
opened a current account under his name and also a joint saving account with Nicole
in Maybank Finance. George who is now jobless, depends on Nicole, who is a senior
executive officer with PETRONAS to support his family. They have three sons
namely Tom and Jerry, 7 years old twins, and Larry, 3 years old. As a senior
officer, Nicole is very busy, as her job demands her to spend most of her time in
the office. As a result, their relationship turns sour resulting them quarrelling
almost all the time. Recently, Nicole met her ex-boy-friend Michael Bolton and
their relationship blossomed again without her husbands knowledge. They decided
to marry as soon as she gets divorce from her husband.
Advise Nicole on the following matters:
(a) Can she claim for maintenance and property rights without applying for divorce?
(3 marks)
(b) Should the divorce take place, can she claim her share in the saving account?
(2 marks)
(c) Upon divorce, can she apply maintenance to be paid lump sum?
(2 marks)
(d) Can she apply for a half share in the house bought and registered under the
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husbands name?

(2 marks)
(e) Can an unemployed/jobless husband be ordered to pay maintenance to his exwife?
(2 marks)
(f) Can an ex-wife claim for maintenance if she is living in adultery?
(2 marks)
(g) Can Nicole apply for the custody of her sons and their maintenance?
(2 marks)
Q4
Phillip Yeoh and Jane were married in a lavish ceremony in 1980. During the
marriage, Phillip bought a house in Cyberjaya and registered it under their names,
with each party holding a half share each. He also bought an apartment in Serdang
Baru and registered it under his name. They have three children aged 8, 18 and 21
years respectively. The eldest, Alex, is currently doing medicine at STAR College.
As a senior manager at Public Bank, Phillip is very busy with his work, which
requires him to spend most of his time in the office. As a result, his relationship
with Jane deteriorates. Jane, being bored marrying to a workaholic, decides to
apply for divorce. Moreover, she is also attracted to her officemate, Dave, who is
still single. They plan to get married as soon as possible.
Based on the above facts, advise Jane on the following matters: (i) Can Phillip be ordered to pay maintenance to her after divorce?
(4 marks)
(ii) Upon divorce, can she apply for the property which they acquired during
marriage?
(4 marks)
(iii) Can she apply for maintenance of her three children?
(5 marks)
(iv) Any other claim(s) that she is entitled to apply.
(2 marks)
marriage and after divorce.
(5 marks)

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Q5
John a successful businessman aged forty years old. He purchased a semi detached
house at Bukit Damansara at the price of RM 900, 000. He met Sharon at one of
the business meetings and they became attracted to each other. They decided to
get married and the solemnization was made in the presence of the family members
and friends. Both of them decided to stay with Johns parents at Petaling Jaya.
Few years after that, they decided to move to Johns house at Bukit Damansara.
They renovated the house and half of the cost of the renovation was borne by
Sharon. Despite the fact that John has been married to Sharon for more than five
years, they have no children of their own. Nevertheless, Suzy, Sharons sevenyear-old daughter from her previous marriage lived with them. John left Suzy ten
months ago when he discovered that she was having an affair with Robert, her
officemate. He applied for a divorce on the ground of Suzys adultery with Robert
and it was granted by the court. John has now received a summons from the High
Court in which Suzy is claiming maintenance for herself and Sharon. She also claims
her share over the house and Johns money accumulated in his Employer Provident
Fund (EPF). John is now seeking your advice regarding his liability to pay
maintenance to Suzy and Sharon and about the division of the property. Advise
him.
(15 marks)
E.CUSTODY & GUARDIANSHIP
Q1
The court will normally favour the parent who will best maintain stability in the
childs surroundings. There is no set standard as to what constitutes stability, but
a judge looks for continuity in a childs life. To the degree possible, a judge will try
to maintain continuity in, for example, a childs school, community and religious
ties.
Per Abdul Wahab Patail in Khoo Cheng Nee v Lubin Chiew Pau Sing [1996] 4 MLJ
171 at p. 182.
In light of the above, discuss what are factors that the court will take into
consideration in deciding parental rights in custody disputes. Substantiate your
answer with relevant statutory provisions and case law.
(15 marks)

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Q2
The phrase first and paramount consideration does not mean that one should view
the matter of the childrens welfare as first on the list of factors to be
considered, but rather that it must be the overriding consideration.
Per Raja Azlan Shah CJ in the case of Mahabir Prasad v Mahabir Prasad [1982] 1
MLJ 189, at p.193.
In the light of the above statement, discuss the role of the court in exercising its
power in matter of custody.
(15 marks)
Q3
Philips Tan, a managing director and Elene Tan, an accountant married in a lavish
ceremony in January 1990. They are blessed with two sons, Edward and Alex aged
12 and 8 years respectively and a daughter Sabrina aged 3 years. They were a
happy couple until last January, when things began to change. Elene was promoted
to become a senior accountant and consequently, laden with heavier and more
demanding responsibilities, she is very busy with her work. Lately, due to work
pressure, she easily loses her temper. Meanwhile, Philips is having an affair with his
secretary and plans to marry her as soon as circumstances allow him to do so.
Elene became very upset when she discovered about her husbands affair and
decided to file for divorce. However, she is worried that she might lose the
custody of her children. Now she comes to see you to seek for your advice. Based
on the statutory provisions and decided cases, advise her with regards to her right
to the custody of all her children.

Q4
Josephine Sorera, a secretary, and Tom Fernandez, the General Manager of an
insurance company in Kuala Lumpur, were married in 1990. Recently the marriage
was dissolved on the ground of Josephines adulterous conduct with one of her
office-mates, Stanley Eng. The matrimonial home that they were residing in during
their marriage was actually purchased by Tom, a few years before they got
married. In 1995, they decided to renovate the house and Josephine agreed to
bear all the expenses for the renovation by using her own savings. In 1998, Tom

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won a lottery worth RM 300,000 which was used to purchase a single storey house
located at Subang Jaya.
Based on the above facts, discuss the following:1) Whether Josephine has a right to claim on maintenance and division of
matrimonial property?
(4 marks)
2) Whether Josephine is entitled to a share of the two houses?
(6 marks)
3) Whether Josephine is entitled to get a share of the money accumulated in
TomsEmployee Provident Fund (EPF)?
(3 marks)
4) Whether Tom can take any legal action for damages against Stanley?
(2 marks)
Q5
Gopal and Mei Lin married in 1990 under the Law Reform (Marriage & Divorce) Act
1976. They have three children aged 3, 8 and 18 years respectively. Last two
months,Mei Lin has been promoted as a senior manager of her company. Since then,
she is very busy with her work, which requires her to spend most of her time in the
office. As a result, their relationship deteriorates. Meanwhile, Gopal who felt that
he has not been appreciated by the wife, befriended Kumari. Their friendship
blossomed into love and both of them decided to get married as soon as possible.
Gopal also admitted that they have committed adultery.
Based on the above facts, advise Mei Lin on the following matters:(i) Right to apply for custody of all the children.
(ii) Right to maintenance if the husband committed adultery
(iii) Childrens right to maintenance.

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(8 marks)
(3 marks)
(4 marks)

F. LEGITIMACY
Q1
Legitimacy is a question of status. This status of legitimacy can be obtained by
being born legitimate or by being legitimated by virtue of the provision of the
Act.
Per Rome J in Re Lowe (1929) 2 Ch. 210 at p.212
Comment the above statement in the light of the provisions of Malaysian laws and
decided cases.
(15 Marks)
Q2
Under Section 112 of the Evidence Act 1950, there is a strong presumption that
the subject child is the legitimate child of the husband of the appellant for the
reason that at the material time of the birth, there subsisted valid marriage
between the appellant and the husband. To rebut the presumption the appellant
must show that she and the husband have no access to each other at any time when
the child could have been begotten.
Per Abdul Kadir Sulaiman J. in the case of Ng Chian Perng v. Ng Ho Peng
[1998] 2 MLJ 686 at p.692.
In light of the above quotation, explain the following:
i) Presumption of legitimacy under Malaysian law and how it can be rebutted.
(10 marks)
ii) The process of legitimation of the illegitimate child.
(5 marks)

Q3
Jaswin Kaur, a seventeen year old girl, ran away from home to stay with her
boyfriend, Kumar Raju. Her parents objected to their relationship as they wanted
Jaswin to at least complete her secondary education. After a few months of
staying together, Jaswin became pregnant and they decided to get married as soon
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as possible. However, they are very keen to know the status of the child. They
come to see you for advice. Advise them. Is there any way for Jaswin to legitimize
the child without contracting a marriage with Kumar Raju?
(9 marks)
G. ADOPTION
Q1
Explain the requirements and procedures to adopt a child under the Adoption Act
1952 and Registration of Adoption Act 1952.

(15 marks)

Q2
Compare and contrast the procedures to adopt a child under the Adoption Act
1952 and the Registration of Adoption Act 1952.
(9 marks)
Q3
Ah Meng, a technician at Sri Bumiputera Sdn. Bhd., and Kumari, an assistant clerk,
werelovers. They had been living together at a terrace house in Ampang for almost
four years. Out of this relationship, a child, Juan was born. Both agreed for the
child to be taken care by Kumaris officemate, Ramu and his wife. Later, there
were differences between Ah Meng and Kumari and the parties parted ways. Every
month Kumari visited Juan and provided some amount of money as maintenance of
the child. After three years of looking after Juan, the couple feel as if Juan was
their own son and wish to register his adoption. Meanwhile, Ah Meng who has
earned better income by doing sideline business also wishes to get the custody of
the child. He also argues that without his consent, Ramu and his wife cannot apply
to register the adoption.
Based on the following facts, discuss:
(a) The status of the child.
(3 marks)
(b) Ah Mengs right to claim custody of the child.
(3 marks)
(c) Whether Ramu and his wife have the right to register the adoption.
(5 marks)
(d) Presuming that Ramu and his wife have the right to register for adoption of the
child, what are the procedures to be followed and the effect of such an adoption?
(4 marks)
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