Case Title in Bahasa : Tidak menunaikan janji untuk pertunangan tetapi anak perempuan sudah melahirkan anak
Plaintiff: Mum of girl (Melinda)
Defendant 1: Salleh b Banjar, 21 Cloth Seller (Kibabaig)
Def 2. : 21 y.o. daughter
Facts of case:
1. Daughter gave birth to a baby after staying together with D1 for one year and not married, not even engaged as previously promised by the defendant.
2. Salleh definitely was responsible for the pregnancy
3. The father had proposed for the man to conduct engagement process but he reneged on his promise
4. The village chief of Duvanson was well aware of this case
5. Has violated the Native Customary enactment 1992/1995
6. On 22 July 2013, a police report was made at Penampang where he promised to carry out the engagement and also not to disturb the girl until then. Instead not only did he dishonour the promise but also threatened the girl to go away from home and stay with him.
From the 1st defendant's own statement:
1. He accepted the girl with open heart (whatever that means)
2. Admit bringing her out of her home without consent of the parents or engagement
3. Causing the birth of a child before bethrotal (nikah)
4. Admission of violating the native customs and ready to accept the penalty
From the 2nd defendant ( the girl) Emelina
1. All accusations by her mother are true
2. Did not deny having stayed at the house of the accused
3. Ready to accept the appropriate penalty
In summary, the man's promised to marry was dishonoured instead committed threat to force girl to stay with him.
First hearing was held on 19 Nov 2013.
VERDICT: Also in accordance to the order of the Chief Judge or the District Chief, all offences will incur a penalty.
Under Part III-10(1) of the said enactment
1. 2 water buffaloes RM 3000
2. 1 water buffalo for the kampung or RM 1500
3. Court cost for offending the native adat: RM1500 (700 to be paid by the girl as second defendant)
TOTAL: RM 6000
Under Part IV 21 (1) taking a daughter out without the consent of parents
1. Pay 2 water buffaloes or RM 3000.
Grand total of fines RM9000.00 ( no leniency or reductions )
Pay all fines to the Native court within 14 days or face 12 months jail, 6 months from each of the sections.
2. If the offences is still repeated, the next fine will be doubled. He can appeal within 60 days however the court orders that the daughter is to return to her family immediately after the verdict.
If the man still wants the girl, must pay all the fines first they conduct a proper wedding ceremony complete with Sumazau.. and gongs. etc.
THE GAVEL WAS STRUCK by the presiding judge.
After the hearing was over the accused simply talk with the girl and went out of the room fast as if he was ready to challenge and disobey the orders.
Totally no respect to the court at all.
