Lawyers and women's groups lauded the proposed amendment to the Law Reform (Marriage and Divorce) Act 1976 that allows the court to make a maintenance order after the child turns 18 to enable him/her to pursue further studies.

Bar Council chairperson Kuthubul Zaman Bukhari, Women's Aid Organisation executive director Ivy Josiah and Women's Crisis Centre legal reform chairperson Zarizana Abdul Aziz voiced strong support for the move.

On Monday, Deputy Home Affairs minister Tan Chai Ho announced in Parliament that the government is seeking to amend section 95 of the act by increasing the child support limit from 18 until he/she completes a first degree.

He said the government is also considering amending section 12(1) to allow mothers to give consent to marriage of their children who are under 21. Presently, only fathers have the power to do so.

He added that section 28(5) also needs to be amended to allow a couple to marry in any district in the country by removing the restriction which requires the marriage to be conducted in the bride's domicile only.

Fundamental right

Kuthubul said the council strongly supported the amendment (on child support) as a child's right to education is fundamental.

"So if there is capability and capacity, fathers should be responsible to provide (child maintenance) up to tertiary education.

"This (amendment) is the direct answer to the recent decision by the Federal Court that states that the court has no power to force fathers to support their children above the age of 18 in pursuit for tertiary education. So the proposed amendments would be a great improvement," he added.

He was referring to the ruling made by the Federal Court on April 9, 2004 in the case of Karunairajah v Punitham where the court found that "there was no legal basis to interpret section 95 of the Act to include financial dependence for the purpose and/or vocational education after the child has completed the age of 18".

He also welcomed the other two proposed amendments suggested by the government.

"I'm not sure (about) the terms spoken by the deputy minister on the issue of permitting a child below 18 to marry but we (the council) feel that both fathers and mothers must have equal right in giving their permission," he said.

Kuthubul added that the council will provide official feedbacks to the government on the proposed amendments.

Evaluate circumstances

Meanwhile, Zarinaza expressed her hope that the amendments would give the court the discretion to evaluate the circumstances of each case before making any direction.

"While we welcome the proposed amendments, the court should be allowed to say based on reasons like the fathers cannot afford or if it finds that the child is inaptitude," she said when contacted.

"The court should also be the one to decide what the age limit to the child support (should be). Surely a father can complain to the court if his child takes eight years to finish a degree," she added.

WAO's Josiah said it is good for the government to streamline the law.

"This would compliment the amendments made to the Guardianship Act and administrative directives which now recognise the mothers' right on matters relating to application of passports, school transfers and medical treatment. It shows that the Malaysian law recognises equal guardianship," she added.

She also welcomed the proposed amendment pertaining to child support stating that it will help empower protect women deserted by their husbands.

"It's a resounding yes to the proposed amendment. It will deal with men who have been irresponsible towards their ex-wives and children. It's the men's way to continue the torture."

"It is sad that most of the time women are forced to apply the law to make the men honour their responsibilities. It is the men's behaviour that has forced us to do that," she said.