First hearing date: 11-12-2013
Plaintiff: Housewife (LL) originally from Kg Kibunut
Defendant 1: Crane Operator ( S A)
Defendant 2: Housekeeping Supervisor Segama Hotel ( L L)
Both defendants in the dock wearing purple dress
Plaintiff Testimony:
( Native Chief chided plaintiff for writing in complaint letter that she is fed up being called to court 3 times but still no completion to her case, because the court seems to be accused of not doing their job.
23 June 2013 - couselling due family problem
29 May 2013 - councelling but both parties did not carry out advice
31 August 2013 - There was an application for divorce but the Native Court cannot carry this out since they married in Church and registered with JPN.
Only the high court can do that by first engaging lawyers.)
Housewife in witness box said she summon her husband because he had married another woman called L. L.
I recognise this woman because she came to our house during a birthday party of our grandchild. She came with friends and cousins of my husbuan in 2011.
The Ketua Kampung KK Limus informed her by phone that her husband and the woman had married in Nov 2013. ( Judge again chided her for not bringing her own proofs such as factual dates)
Judge asked do you know why he married again? She answered, "I don't know, maybe I am too old for him".
Before this we lived as husband and wife under the same roof and bedroom.
Judge ask, were you living like normal husband and wife? she could not answer.
She complaint that now husband does not give any more expenses and now she looks after her own livelihood for about a year. We had 7 children, one is still at school. The rest have their own family to look after, only one left who gives her some food and drink.
The one still studying at Perak to become a nurse and she is given some support after being asked.
Judge ask what she meant as "maruah sebagai esteri" and she submitted a document of claim but the Judge stated that these claims can only be made after they have formally divorced. She was again chided that she has to ask first to be given whatever she wanted but seemed to have kept quiet in the past.
( housewife signed the statement)
Defendant 1 testimony as heard verbatim:
The accusation that we have married is rather not true. He intended to marry the other woman but have not got letter with witnesses.
Judge chided him, I have told you to get a divorce first 3 times before you can marry again. Defendant 1 replied that she asked the wife for a divorce but she refused.
He is now staying with the other woman but the Karabau has not been slaughtered yet ! And he also did not follow the Native court advive to apply for a divorce at the high court.
At the moment they want to live together like husband and wife so the allegation by the wife that we are married is not true.
So judge ask him, are you having a secret affair or hubungan sulit and the defendant said NO !
Judge said there is only two choice, either you are married or hubungan sulit (secret affair) and there is no such thing as hubungan terbuka (open affairs) otherwise all the other women can be subjected to be opened everywhere !!
( court suppressed or giggle at this joke)
Hence the Judge postponed the case to 7 Jan 2014 for the husband to choose between ..
1. Having married or second wife, or
2. Having a secret affair ( hubungan sulit)
(The problem of course is that whichever the husband chooses, the penalty is still high.. 3 buffaloes worth !!)
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On 7 Jan 2013, all three were now wearing purple shirts.
This time the first defendant has to continue his defence in the witness box.
The question from the judge was, "have they got married yet"?
Judge reminded him that they got married at St Michael's Church and no other authority will give another certificate of marriage for getting married a second time, so they will get married on their own.
Defendant statement was then:
"The accusation of my wife that I have got married again is true. This is because the family of the other woman wants us to get married even though I am still legally married to the first wife. We held a simple reception but no village chief attended, we made up our own ceremony, no buffalo was slaughtered, bought beef enough for the party.
JKK Chairman have no power to certify any marriage. No sogit was produced and no other animals was slaughtered for the kampung ceremony.
Judge asked, are you still going to live with your girlfriend?
Defendant answered that he still want to be with her because the old wife don't want him anymore and I have asked for a divorce but she refused.
(this was in contradiction with wife's previous testimony)
All these time, my wife refused to accept me as a husband but when I went to live with the other woman, she summoned me to the Native Court.
I will accept the penalty for living with the other woman.
( Judge commented that the native court is not a punitive court but set up based on our forefather's traditions and customs to solve people's problem, sometimes with counselling of the parties involved and punitive action taken as last resort)
Judge called the second defendant into the witness box for her statement to be taken.
She agreed with the first defendant that they are living together and the fact is true.
She asked the court why for one whole year they were living together, the wife never came to look for her or her husband then. Only now she summon in this court.
That was all her statement was and signed the statement records.
The judge then adjourned the hearing for the verdict on 4th February 2014.
VERDICT ON 4TH FEB AT ABOUT 10 AM, THE SECOND VERDICT READ FOR THE DAY.
Native Chief Andrew SL presiding assisted by two village chiefs or ketua kampongs, RJ and SK
Summary of facts noted by the judges
From Plaintiff.
1. Husband has got married again as informed by the ketua kampung who investigated and found them living together
2. Before this plaintiff and husband stayed in the same house together
3. 1 year not giving any maintenance to the wife
4. The rest of the kids are working
5. Husband pays for one kid who is still studying at semenanjung
6. plaintiff is claiming sogit as per native customary law.
from Defendant 1.
1. Family of the other woman chided them for living together without a ceremony/ reception.
2. So he held a reception according to his own made up adat, without a buffalo for sogit
3. There was no village chief present
4. Admitted that the "kenduri" was not valid
5. Stated he was willing to be punished as per native adat
6. Stated that his wife did not want his as a husband and do not want to divore him either, but when he went to stay with the other woman, sued him in native court.
from defendant 2.
1. Admitted that they were living together as per the defendant 1 testimony. And the marriage not valid, willing to submit to the adat as per her actions.
Summary:
There was a clear admission by both defendants
Husband still got a family, wife and 7 children. If he wanted to marry again he should divorce first wife and do the proper process according to the native adat, so he has clearly offendend the Native Adat Enactment.
Penalty: Under Part 3- 10(1) "mianu-anu"
1. Pay 2 "kerabaus" or rm3000 to the aggrieve party (plaintiff)
2. Pay kepanasan kampung or appeasement to the village another kerabau.
3. Court cost for not respecting the Native adat RM1500 (700 to be paid by 2nd defendant)
4. Every children to be given sogit of one pig or rm 500 each.
TOTAL: RM9500.00
Payment to native court within 14 days or face 6 months jail, or appeal to District Native court under the DO within 60 days.
However if the offence is repeated and another case filed, automatically the total sogit will be doubled.
On top of that, the court ORDERS the man to return to his family immediately after the verdict while the other woman is still pretty and available can find another eligible male.. !!!
The first defendant will not appeal but beg for leniency on the fines.
So the panel of judges considered and reduce one buffalo to calf buffalo costing rm750, and all the pigs to piglets worth RM 300 each.
Total reduction of fines = rm750 + rm200 x 7 = rm 2150.00 to be paid in 14 days.
CASE CLOSED: Gavel on bench struck.
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After the judges have left the courtroom, one young daughter was seen weeping silently at the back of the courtroom.
Lesson learnt: 7 children and still want another woman? Sure must learn to control the urge mah otherwise the children will suffer the shame.
At the same time the fine is very very hefty and no way you can avoid unless you wanna go to jail for 6 months.
Income is difficult with the rising cost of living so better do something about your libido, better kill it when you grow older. Better learn to do something in your free time.
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