TUTORIAL 5

NULLITY OF MARRIAGE

1. What is the difference between a decree of nullity of marriage and a decree of divorce?

2. Muthu married Leela in India in January 2023 and brought her to Malaysia. Leela has
refused to consummate the marriage saying that she wants to have nothing to do with
Muthu. She told him that she only married him so that she could leave India. Angry,
Muthu has sent her back to her parents. He wants to know if he can annul the marriage.
Advise Muthu.

3. Lily was 16 years old when she was raped by Andy, an acquaintance, aged 19 years.
Andy offered her marriage and she accepted. Nine months later after their wedding Lily
delivered a beautiful baby girl although she and Andy had never had sexual intercourse
after their wedding. A year after the marriage Andy left the country to study in England.

Lily wishes to annul her marriage. Advise her on the law governing the annulment of her
marriage and the status of her daughter.

4. Tan and Ah Moi were married under the Law Reform (Marriage and Divorce) Act 1976.
After 3 months, Ah Moi gave birth to a baby boy. Tan alleges that the child not his. He
wishes to annul the marriage. Will Tan succeed in obtaining a decree of nullity?

5 Discuss the bars to obtaining a decree of nullity under the Law Reform Act 1976.

6. Harjit Singh is an Indian citizen who is in Malaysia as a visiting professor. His wife did
not accompany him as their three children are at school in Delhi. While in Kuala Lumpur
Harjit Singh meet Dr Balbir Kaur, who fell in love with him. She made discreet inquiries
at the University he was attached to and also in the neighbourhood where he lived and
learnt that there was no Mrs. Singh known to anyone. Their friendship grew and when
Professor Harjit proposed marriage, Dr Balbir did not hesitate to accept. They were
married in Kuala Lumpur in January 2023. Last month Dr Balbir learnt of Professor
Harjit’s wife in India. She is extremely upset even though he has told her that he had
taken steps to get a divorce from his wife. She is particularly concerned because she is
pregnant and is worried about the legitimacy of the child. Advise Dr Balbir Kaur.