ASSIGNMENT 3

Tow Keh and Nancy were Sales Representatives for Medical Apparatus Company and
they first met at the companys seminar at Kota Bharu in 2004. They appeared to have
many things in common, though of different religious backgroundsNancy is a Christian
and Tow Keh a Buddhist. They were married on 18 February 2006 at Lim Lay Kuan
Registry, Pasir Mas. After the marriage, they lived in Kota Bharu. Sooner than expected,
the couple was blessed with the birth of a son, Roy on 21 June 2008.

In 2009, the couple left Kota Bharu and settled in their matrimonial house in Kuala
Lumpur. Not long after that, they had frequent domestic quarrels, which culminated one
day when Tow Keh could not restrain himself, and in a violent ragepunched and broke
the Nancys nose. The neighbours took her to hospital where she was hospitalized.
Following a report, the police arrested Tow Keh and he was kept in the lock-up for four
nights. At the behest of Nancy, Tow Keh was released from custody with no charge
pressed against him. On returning home, Tow Keh found the house empty as both Nancy
and Roy had gone.

Nancy took Roy and left Kuala Lumpur when Tow Keh was detained by the police. They
went back to Kota Bharu to be with the Nancys parents. Tow Keh did not come to fetch
them back to Kuala Lumpur, and since then Tow Keh and Nancy had lived separately.
Occasionally, Tow Keh visited Nancy and Roy in Kota Bharu. In November 2011, while
on a visit to Kota Bharu, Tow Keh took Roy with him to Kuala Lumpur without the
consent of Nancy. However, Nancy did not try to take the son back into her custody.

In January 2013, Tow Keh broke up with his girl friend that left him. Tow Keh had an
unstable life while Roy was looked after by his parents.


In November 2013, Tow Keh came to you for advice on the following circumstances:

(a) An attempt at reconciliation by a Marriage Tribunal was without success. During
the trial, Nancy testified that she was prepared to forgive and forget, and was willing
to go back to Tow Keh. However, Tow Keh refused to accept her back because he no
longer loved her. Advise Tow Keh as to the best ground(s) of divorce and the
possibility of success. (10 marks)
(b) Since the separation, Nancy did not receive any maintenance from Tow Keh.
Tow Keh argued that Nancy has failed in her obligation as a wife towards him.
(7 marks)
(c) Nancy intends to petition for the custody of the child. However, Tow Keh claimed
that Nancy is not fit as she has mental illness. Nancy produced a psychiatric
report dated 7 April 2010 from the Hospital University Sains Malaysia at Kota
Bharu, which stated that Nancy was normal and stable. Nancy was suffering from
depression with marital problems. She suffered no mental or perceptual
disturbance. Explain to Tow Keh as to the possibility of Nancy being granted the
custody of Roy. (8 marks)
(d) Tow Keh argued that Nancy would not be entitled for the division of property as
the matrimonial house is registered under his name and Nancy did not contribute
to the attainment of the property. (5 marks)