Plaintiff: Sipail
Defendant: Sylvia Jamilah
Perkara: Esteri Saya ada hubungan dengan lelaki lain.
The case was first heard openly on 12-9-2013 but only the plaintiff was present. The court partially heard the complaints from the husband but the judge postponed the case in the absence of the wife.
Second hearing held on 30th Oct 2013 with the wife in the dock
Judge AL, assisted by ketua kampung RJ and Michael S.
Plaintiff testimony:
Last year Sept 2013, the wife complaint of painful back, did not come home but went back alone to a house in Putaton Pinonsok.
On 3/1/2013 I was busy harvesting padi and working as a labourer for RM500 per month at Kg Terian.
On 4/1/2013 the eldest daughter aged 5 had some black marks in the back, I was accused of beating her. I had no time to do that because I am busy doing work. The younger daughter is aged 2.
Actually the eldest daughter is not mine but to protect her dignity I married her at a church in Terian and we beget the 2nd daughter.
On 5/1/2013 I went to harvest padi but in the evening my wife and the two daughters went missing somewhere I did not know. It was Saturday, I was sad but still have to work harvesting padi. That evening my elder sister Evelyn informed that my wife accused me of beating the daughter and had gone to the hospital and made a police report. My elder brother Blasius also told me the same story.
I met KK Mositung of Kg Terian to summon my family to the balai of KK.
I went to the welfare department and police station but none of them ever summon me for anything.
On 22.4.2013 he summoned the wife to the native court which concluded that the wife should return home and family but did not return in April.
In May, I manage to bring them home. An elderly lady came to complain that my wife had given her a fake RM50 note to buy kampung cigarette. So the lady accused her of using fake money.
A detective named Addy investigated her at the Police Station Penampang and this man came to take her several times
When I call the wife, she is not at the police station but sounds like she is at someones home.
While I was staying at my brothers house at the rear of the police station, I felt uneasy because the cops seems to be investigating during the night. This is what happened in early May 2013.
When I asked my wife she said the investigation is done far at Kepayan.
She also denies everytime she is taken out by the police.
She also asked me for RM1050 as a payment for the problem with the fake money but the problem was not solve. She kept going out with the cop even thought the payment is supposed to be paid.
I also dont know why my wife is staying at teh Beverly Hills until now.
She never return to the kampung. As far as I know she does not work, she ask for support but always seems to go out with some boy friends.
Early July this year I was angry, took her handphone and smashed it to the floor. But then I put her simcard into another hp set, then I received many phone calls from males contacting my wife to meet and go for outings.
I also received SMS from Addy and there is also a Pakistani who came to take her. My younger brother witnessed her together with this Paki. Only then I became aware of what is going on with my wife.
So I summon her to this native court but two times she did not turn up, only today she appeared.
In April 2013, she said she had converted to Islam and asked me to do the same. Siou ( sorry ) I told her I am not interested.
So now I do not know how to solve this problem and so asked this court for assistance and proper actions.
(statement signed by plaintiff)
The wife was then placed in the witness box.
She said she understood all what was said by the husband.
Judge asked her, according to our Adat, do you still consider him as your husband?
She mumbled that since she is now a moslem and her husband is not.. judge interrupted her saying that is not an excuse.
Judge said before your answer this question again, look at the reporter behind you first. She then replied in the affirmative that he is still her husband. As for the rest of the allegation by the husband, there are some truth and some that is not.
Judge then ask her what are those not true:
She answered that she is staying at Beverly because she works there and had told her husband before.
She left home because always quarrel with the husband. " I do not like his ways and made me fed up. I ran away to avoid the quarrels. No I have no more feelings for him. How can that be wrong to run away from such husband. Every time he got drunk always beat us up"
So judge ask her if she got proof of this such as making a report with the police and welfare department. She said none.
She was asked, "how do you plan to solve this problem?"
She answered, "I want to let him go, I want a divorce from him"
Judge asked, "how long would you take to solve the problem?"
Answer 2 to 3 months, using the services of a lawyer. Judge also asked her to provide proofs of all her allegations.
The husband responded from outside the dock saying, "If she wants a divorce, I have the right to ask her for refund of all my expenses on her. Better to spend the money feeding the kids rather than solve her problems. It is her asking for divorce and not me".
However the Judge then postponed the hearing since time was running out and he ordered both parties to provide as much proofs as possible to back up their testimonies.
Next date of hearing still Unknown.
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Updated today 20/5/2014
I was reliably informed by the Native Court that the open hearing for this case was discontinued as the solution was continued in chamber.
The Native Court has granted a divorce between the two as they had registered their marriage with the Native Court before.
With the wife having converted, reconcilliation is therefore impossible.
