Penampang Native Court Case 379/11 verdict date 27/3/2013

PENAMPANG NATIVE COURT VERDICT
Case No. 379/11, Date: 27 March 2013

Issue: Wife had secret sexual relation with another man or in Bahasa Malaysia "Hubungan Sulit" or in Kadazan "Mianu - anu"

The husband CG as plaintiff testified during an open hearing on 7/3/2013 at the Penampang Native Courtroom ( groundfloor Mini Secretariat Building) that: -
1. His wife had a secret relation with another man resulting in the birth of a third child which is definitely not his
2. He and wife have not lived together for 5 years due to irreconcilable differences.
3.  He has been away working in Tawau for the last 3 years
4.  He had continuously paid maintenance for his two daughters through the bank account of his mother in law, and the daughters are staying with his wife.
5. He was informed between Aug and Sept 2012 that his wife gave birth to another child and was confirmed by his mum in law and he does not know the surname of the child while his wife admitted that the child is not his.
6. He does not know the present occupation of his wife since she does not treat him as her husband any longer.
7.  He cannot accept the circumstances and will divorce his wife after the Native Court has disposed this case.

In response, the wife SJ simply admitted the statement by the husband as true, and that the child has no surname, but being raised by her as a single mother, and that she is in the process of getting a birth certificate through the National Registration Dept.

The second defendant, the other man also admitted that his secret relation lasted for 7 months, and did not receive the earlier summons by the native courts and also did not know that the woman was married.
DL admits he is a sino-kadazan and is aware of the customary laws of the natives.

After 20 days the native court announced their verdict: -

1.  Both defendants were guilty of "mianu-anu" under Section 10/3 of the native courts ordinance
2. The 2nd defendant (the other man) have to pay a "sogit" (appeasement) of 2 buffaloes (or RM3000) to the plaintiff
3.  Both defendant have to pay one buffalo (sogit) to the Ketua Kampung (village headman) or RM1500 to be spent by the ketua kampung for appeasement to the people of the village where this husband and wife used to live (practically they have a small party at the village community centre)
4. Both defendant pays court cost as follows
    first defendant RM500, second defendant RM1000
5.  The wife also pays sogit to her two children a total of RM500.

In summary, the other man had to pay a higher sogit totalling RM5000, while the wife have to come up with RM1500 only.

Payment must be made within 14 days to the Native Court, in default the wife can be jailed 1 to 2 months while the other man (2nd defendant) can be jailed 2 to 6 months.

The judge also warned the wife that until a formal divorce is finalised, she is still the wife and if she commits the same offence again, the sogit will be doubled.

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Moral of the case, all non-moslem men in Sabah better don't fool around with somebody's wife unless you are 100 percent sure she is free to marry again. !!
Note: applies to non-moslems only since moslems are under the jurisdiction of the Syariah Court. However the native court may still hear cases if one party is still a native and non-moslem.