TUTORIAL 6

DIVORCE

1. In July 2014, Cecilia, a Chinese girl from Selangor, married White, an English scientist
who was brought to Malaysia as an expert for a research project in Kedah. They had a
son in June 2015 and a daughter in May 2016.

Since he came to Malaysia in January 2005, White has been so involved with his research
that he has not taken any leave from work. He is at his laboratory every day from seven
in the morning till nine at night. Sometimes he even works on Sundays. At first, Cecilia
didn’t mind as she was fully occupied with her two children. Towards the end of 2018
however, she began to feel dissatisfied and started complaining about his working hours.
White asked her to be patient as he was on the brink of a major scientific discovery. He
assured her that just as soon as his experiment was completed he would take her and the
children to England to meet his family. He promised to take a long holiday with her.

Cecilia waited until July 2022. There seemed to be no change in their life-style, so she
took the two children and returned to her parents’ home in Petaling Jaya, saying that she
could no longer stand the boring life in Kedah. While in Petaling Jaya, Cecilia amused
herself by going to nightclubs at night and window-shopping during the day. She was
quite happy but the children felt insecure in their new surroundings and wanted to “go
home”. Their persistent pleas to “go back to Daddy” finally made here pack-up and return
to Kedah. She informed White that she was staying on with him only for the sake of the
children, as she was really quite fed-up with his behaviour. White says, “I am so grateful
that you have returned” but makes no attempt to change his work pattern.

In January 2023, Cecilia’s sister Jenny visits her. Jenny tells Cecilia that she is foolish to
stay married just for the sake of the children. After much persuasion from Jenny, Cecilia
takes her two children and returns to Petaling Jaya. White pleads with her not to go,
saying that his project would be completed soon but Cecilia says that she is tired of
waiting.

After a few weeks in Petaling Jaya, Cecilia decided to commence proceedings for a
divorce. She returned to Kedah to appear before the Marriage Tribunal there but White
failed to attend all the sessions saying that he could not take time off from his work. After
six months the marriage tribunal certified that the parties could not be reconciled and
Cecilia petitioned for a divorce pleading section 54(1)(b) of the Law Reform (Marriage and
Divorce) Act, 1976. White strongly opposes the petition.

Write the judgement of the court.

2. Erik Thor Ericson is a consultant engineer in Miri, Sarawak. He married Ann Goldkin under
the Law Reform (Marriage and Divorce) Act, 1976 in March 2022. A few weeks after the
marriage, Anna found out that Erik was having an affair with Sue their neighbour’s wife.
Ann threatened to leave Erik if he did not end the relationship. Erik promised that he would
not see Sue again.
 Sue and her husband were transferred to Indonesia. All was well with Ann and Erik. Erik
wrote back and soon the two were corresponding quite regularly. This infuriated Ann and
one day she burnt all the letters that Erik had received from Sue. Enraged, Erik beat up
Anna. She was injured and had to be rushed to the hospital.

After two weeks in hospital, Anna went back to her parent’s house. She has decided to
end her marriage. Erik however regrets his behaviour. He has been trying to see Anna
but she refuses to let him near her. Erik’s contract is due to end in August 2023 and he
will have to leave Malaysia then. Anna wants to petition for a divorce now.

Advise Anna on the relevant law and procedure; explain the various steps that have to be
taken and the grounds of any, that she can rely on.

3. Leela, aged 35 was born in Teluk Anson, Malaysia. She was married in August 2022 to
Anand a 27 years old Indian citizen working as an engineer with the Jabatan Kerja Raya
in Kuala Lumpur. Barely a week after the marriage Leela discovers that Anand has been
having an affair with Datin Shanti the wife of a prominent Malaysian. Datin Shanti had
advised Anand to marry a local girl so that he could obtain permanent residence in
Malaysia. Leela is upset because Anand refuses to break off his relationship with Datin
Shanti. Anand says he loves Datin Shanti and will never leave her.

Leela’s family advises Leela to let Anand have his way as they fear that he may leave her.
They tell Leela that she should be grateful to have got a young and handsome husband
at her age. They also tell her that being poor and unable to provide a dowry, she would
never be able to get herself another husband.

At first Leela accepts the situation but Anand persists in returning home late every night
and at times stays away for days when Datin Shanti’s husband goes overseas. Leela
became increasingly depressed and one night in December 2022 when Anand came
home in the early hours of the morning, she started screaming at him. He told her to keep
quiet so that the neighbours would not hear but she carried on screaming. He tried to
close her mouth and nose with his hands. Unable to breathe, Leela fainted. Anand then
left the house and has not returned since. All attempts by Leela to get Anand back have
failed. She has not been able to eat or sleep since Anand left. She now wants to know
how she can get a divorce. Advise Leela.