Guilty defendant appealed for reduction on the fines imposed Case No. 290/13

Case Title: Husband have Secret Liaison with another woman

Open hearing date: 25 Oct 2013
Verdict date: 11 Nov 2013

Facts of the case:
Plaintiff, the wife run away to work in Singapore (without husband's permission) in order to earn a living & to support the youngest child who is studying for a degree level in QS.
Although the judge was not happy with wife running away from family, however it was justified because she has a car loan and ASB loan to pay while the husband who is a pensioner from the Water Department did not even give a cent from his pension and gratuity for the youngest child.
The car was meant for the youngest child to attend the college/university.

This led to quarrels and the husband would tell the wife to get out of home.
She had tried to work in KK but the income was insufficient, still she promised to return to her family after earning enough in Singapore to pay for all the loans. The monthly income in Singapore is Sing$1800.

In comparison, the husband's previous income from the water department was RM1800.

Plaintiff alleged that the husband kept another woman and even brought her back to the family home. She has no objection to him marrying again on the conditions that he does not bring the other woman into the family home and that the Native Laws are complied with. As for his present offence against the native customs, she leaved it to the court to decide.

In response, the first defendant (husband) admitted having another woman or in native language, "au mogohim" ( did not deny) and even stated that he intended to take a second wife. On this the judge reminded him that under the native customs, there are lots of fines to pay for example "hapau" ( loosely translated adding another layer to existing family, wife and children). He responded that he was willing to face the consequences under the native customs.
During the first hearing, the judge even commented that being at a pensionable age and with grown up children, do you still really need a girlfriend?


The second defendant (girlfriend) admitted she was brought home as a wife but was told that her husband to be do not have a wife for the last 7 years.
She also admitted having done something not supposed to be done before being married and would not brush off any penalty imposed.
However, she signed the statement using her RH thumb print.

After two weeks, the native court comprising of three native judges declared unanimously that:
1. This was a straightforward case with no denials
2. Both defendants are guilty of secret liaison of sexual nature under section 10(1) of the native courts enactment
3. The first defendant to pay a total of RM 5500 comprising of :-
   a) 2 buffaloes (RM3000)
   b) Appeasement for the village (RM1000)
   c)  court cost (RM1500)
4. Second defendant to pay court cost (RM500)

On hearing this amount of "Sogit" the first defendant appealed for a reduction, on which the judges granted after consultation with one another and since it appears that the first defendant will be paying for both the sogits, it was reduced to RM4600 from a total of RM6000 previously provided that he signed a pledge to pay it within 14 days at the native court administration section.

The defendant then asked the court if he can divorce his first wife, to which the presiding judge told him to go and meet the priest who first blessed their marriage, and then hire a lawyer to apply for the divorce at the high court.

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Moral of the case:  Do not assume you can marry, get a divorce and marry again that easily if you are a native in this country.