UFL1612: Family Law

Ms. Julia Farhana binti Rosemadi

Topic: Divorce and Matrimonial Proceedings

1. Henry and Maria, a non-muslim couple registered their marriage in April 2022.
However, Henry converted to Islam a year after their marriage. Henry wants Maria to
convert to Islam, but she refused. Since they are practising different religions, assess
whether Maria may apply for dissolution of marriage.
ISSUE: Whether Maria can apply for dissolution of marriage
LAW:
S. 51 (1)(a): Where one party converted to Islam either party may petition for a divorce under
this section or section 53.
S. 51 (3): section 50 shall not apply to any petition for divorce where one party has converted
to Islam
S. 53 (1): either party to a marriage may petition for a divorce on the ground that the marriage
has irretrievability broken down.
APPLICATION
Maria is able to apply for dissolution of marriage as Henry Converted to Islam after their
marriage as per S.51(1)(a). Although it has been only a year after the marriage dissolution of
marriage can still be applied because section 50 which states that dissolution of marriage can
only occur two years after marriage does not apply to any petition for divorce where one
party has converted to Islam under S.51(3). Hence, mAria can still apply for dissolution of
marriage although it has only been a year since their marriage because one party which is
Henry has converted to Islam
CONCLUSION
Maria can apply for dissolution of marriage.
 2. Teddy married Lisa in 2015. In 2017, Lisa gave birth to their son Eddy. They led a
happy life until recently Teddy lost his job. Both of them often argue because they are
unable to make ends meet. Teddy shouted at Lisa every day and often blame Lisa for
not being able to provide financially for the family. Occasionally, he would criticise
Lisa in front of Eddy. Lisa is unhappy and felt that their marriage is not working.
Advise Lisa by applying the laws in relation to the dissolution of marriage.
ISSUE: Whether Lisa can obtain dissolution of marriage

LAWS:

Section 53(1): either party may petition for divorce on the ground that marriage has
irretriably broken down
Section 53(2): duty of the court to inquire the facts alleged the circumstances must be just and
reasonable in order for the marriage to be dissolved
Section 54(1)(b): respondent has behaved in such a way petitioner cannot reasonably be
expected to live with the respondent.
2ND VIEW:
Reasonable man test:
A test in regards to the personality of the parties, the impact and effect of the respondents
conduct or behavior on the petitioner and their relationship.- Livingstone Stallard V
Livingstone Stallard.
= the lady married a man twice her age. The husband referred to her as the girl or by her
maiden name and frequently attempted to kick her out of bed and continued complaints about
her keeping under clothes in the sink all night when being washed. The court held these
complaints amounted to behavior entitling the wife to a decree. The court stated, would any
right thinking person come to the conclusion that this husband has behaved in such a way that
this wife cannot reasonably be expected to live with him taking into account the whole of the
circumstances and the personalities of the parties. The question was answered in the verdict.

Behaviour test: Behavior of both parties must be taken into account

Ash V Ash: the court held that the courts must not consider only the behavior of the
respondent but also the character, personality disposition as well as the behavior of the
petitioner.

APPLICATION:
Lisa can apply for divorce on the ground that marriage has irretrievably broken down in
respect to section 53(1). This is because section 54 1(b) is applied. Teddy has behaved in
such a way that the Lisa cannot reasonably be expected to live with the Teddy. Applying
they're reasonable men tests under Livingstone V Livingstone, Teddy shouting at Lisa every
day often blaming Lisa for not being able to provide financially for the family and also
criticizing Lisa in front of Eddie amounts to behavior entitling Lisa for a divorce. The
behavior test is applied under the case of Ash V Ash, taking into account the character
personality disposition as well as behavior of Lisa, her act suggest that she did not commit
anything unreasonable.

Conclusion:
Lisa can obtain a dissolution of marriage against TEddiY.

Discuss the difference between simple desertion and constructive desertion.

Simple decision is where one party leaves the other without reasonable costs,and the
party who leaves is in desertion. Constructive desertion is where one spouse causes another to
leave the matrimonial home due to the conduct or behavior of respondent, that the petitioner
has to leave the matrimonial home with a good cause, the respondent may be in law the
deserter and is said to be in constructive desertion. Refer slides.