Native Court tried to patch a broken marriage for a couple applying for Divorce: - Case 174/13

Open hearing date: 1 Aug 2013

Plaintiff: RM from Country Heights
Defendant: OS from Kg Kolopis

Case Heading: Plaintiff (wife) Applying or Requesting for Divorce from Husband

Plaintiff Testimony:
1. Were married at Kg Mandurian Laut, Pitas
2. No certificate of marriage from any authority except for engagement certificate signed by a village headman (Ketua Kampong)

Since they were not legally married, the native judge requested her to bring along any wedding photographs to his office later.

3. When asked by the judge for reasons why she wanted the divorce, she answered her affection has declined, which prompted the judge to suggest that she was "kumaus"? meaning sulking.
4. When pressed further for reasons, she said that they were seperated for 3 years during which she never received any maintenance for her third child which is with her. The elder two children are with the husband. She lived alone and worked to support herself and the third child.
5. She declined to reply when asked what if the husband returns to her with affection.
6. She had no objection to be given a marriage certificate by the Native Court and willing to pay for the cost, in order to formalise the divorce.
7. She also informed that she had been waiting at the office of this court since 7 am this morning
8. As a final statement she confirmed requesting for the divorce from the husband.
(STATEMENT was then signed)

Defendant's response:
1. Have heard and understood completely the plaintiff's complaint
2. Willing to proceed with the divorce processes including first getting a marriage certificate and then divorce after one week.
3. When pressed for reasons for his agreeing to the divorce, he stated irreconcilable differences and continuous argument over family matters.
4. He declared he has no other woman or girlfriend at this time.

On hearing these testimonies, the judge announced that there is no verdict for this hearing but request both parties to see him in his chamber, after the open hearing was completed.

(This reporter assumed that the Judge would attempt to reconcile and save the marriage of this couple first, before proceeding with the divorce procedures.  Until the time of writing, there is no further info on the progress of this case)
Note:  Inside info is that it would take 3 months for the courts to complete the divorce processes. Also the Native Court have no power to process or approve divorces for those who married in church and registered with JPN. Only those who got married via the adat kampung may be terminated by this native courts. (updated  14.11.2013)

The hearing was continued on 25 Nov 2013 where the Native Court again open a fresh hearing to determine if the couple really wants to divorce with mutual agreement.

The marriage certificate was already issued by the native court 3 months ago and again the wife was quizzed all over again if she wanted to proceed with the divorce without regret. The judges even tried to become marriage councellors by suggesting they take a second honeymoon to Labuan with their children.

However both the plaintiff and defendant insist that the divorce be carried out since there was already like 5 hearings in this court and the same thing is said all over again.

As for the children, the 2 eldest will be taken care by the husband while the wife takes the youngest child with an agreement that both will have access to all children whenever needed.

Therefore as on 25th Nov 2013, the judges then declared unanimously to grant the divorce application based on agreement by both parties and that the marriage certificate issued on 1st Aug 2013 is thereby nullified.

MORAL of the story,  all couples intending to get married better be warned that if you use divorce as a way to solve your marital problem, then better be ready to face a long wait for the process to run its course.

CASE STORY ENDED as on 25/11/2013