Tutorial 6-Nullity

1. Sally and Harry were cohabiting when she became pregnant by him. Because neither
wanted to marry, they ended their relationship. Sally met Jack and they became a couple.
2 months after they met, they decided to get married. Sally did not inform Jack of her
conditions. 7 months after the marriage, Sally gave birth to a baby boy, who looks just
like Sally. Jack was happy believing that the child was born prematurely. The news of
Sally’s new baby reached Harry. He came to Sally’s house and claimed that the baby was
his. Jack was angry and wanted to dissolve the marriage. Advise Jack.

2. With reference to the provisions in section 70 of the Law Reform (Marriage and Divorce)
Act 1976 and decided cases, discuss the differences between sections 70 ( a) and (b).

3. Discuss the differences between a void and a voidable marriage. Illustrate your answers
by referring to the provisions in the Law Reform (Marriage and Divorce) Act 1976 and
decided cases.
4. Jonas and Priyanka were married in the Kuala Lumpur Registry of marriages office last
month. It was an arranged marriage. Soon after the marriage, repeated attempts were
made to consummate the marriage but failed. Priyanka discover that Jonas was born a
female and had undergone a sex-change operation in 2016. She wants to end the
marriage. Advise her on the status of the marriage.
5. Rita, who is now 20, reluctantly married Big Boss, a 50-year-old wealthy Businessman,
in December 2018. Rita’s parents had arranged the marriage with Big Boss and told Rita,
who was then still at school, that if she did not marry Big Boss, she would disgrace her
family, who would then disown and disinherit her. The marriage however was not
consummated due to the repugnance that Rita feels towards her husband. In September
2019 she and Big Boss adopted a baby boy due to family pressure to start a family. Rita,
who has never been happy with Big Boss, has now met Tom, whom she wishes to marry.

6. Advise Rita whether she can successfully petition for a decree of nullity.