CASE NO. 127/14 - Transfer by PDRM to Kuala Lumpur Caused Marriage Breakdown

 Penampang. The Native Court here heard that work transfer for three years to Kuala Lumpur was the main cause for the marriage break-down between an Administrative Assistant and her husband whose profession was undisclosed, both are 31 years old.

The case was the first open hearing for newly appointed District Chief, Brian Lojingon who was assisted by Native Chief Andrew S. Lidaun and Village Chief Rita John.

 

The plaintiff who came from Kg. Sugud also testified that her husband even accused her of having a boyfriend in Kuala Lumpur because he had waited too long for her to return even though she had applied every year for transfer back to Sabah from her superiors from PDRM at Police Hq in Bukit Aman.

 

She learned about her husband’s affair with another woman after her transfer back to Sabah in 2011 via facebook photograph which her husband admitted was true. Initially the husband told her that he will never abandon his family but in 2012 he left his family including a third child who was only 5 months old at that time. He did this by sending her an SMS saying he will not come back to her anymore.

 When asked by the court, the plaintiff believed her husband was angry that she had summoned him to a reconciliation hearing at the Penampang Native Court in August 2012, during which the court had given her husband and lover one month to separate and for him to return to his family. No fines or sogit was imposed then. Instead after the hearing, the husband never came back to his family.

He had given maintenance for his three children for February and March 2014 but afterwards this also stopped completely.

She also declared willingness to accept her husband back if he had returned.

Upon further questioning from the bench, she recognised her husband’s lover who works at a photographic shop and had attended their wedding reception. She tendered 4 photographs as proofs of her husbands affair with the other woman.

 

She pleaded to the court that her husband be made fully responsible for the maintenance of their children and the case to be decided in accordance with the native laws and customs.

 The husband as the accused, shortened the hearing simply by admitting that the testimony of his wife was true. He decline to make any defence when asked by the court but confirmed by signing the court records that he will accept any penalty imposed by the court.

Meanwhile, his 28 year old lover when placed in the dock testified that the baby she is now carrying belongs to the first accused. She accepted the man even though he is married because of his persistence to be with her and that his marriage was on the rocks. She was willing to be judged in accordance with the native adat from Penampang even though she originated from Tuaran.

 

The court then fixed the verdict to be given in June 17.

 

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Continuing this report, on 17 June 2014, the verdict was read from 9:20 am.

Sitting on the bench were Native Chief Andrew S Lidaun together with newly appointed Native Chief Woritus Paulus and Ketua Kampung Rita John. 

(KAN Woritus from Kg Kituau is the father of the Sugandoi Winner of KDCA 2012 and now a singing diva, Cathy Woritus)

 

Both defendants were fined a total of RM6500 consisting of: -

 

1.  2 karabaus or RM3000 ( rm1500 each as per the Enactment)  as sogit to the wife for "mianu anu" under Part III, 10 (1) of Native Court Enactment 1992/1995.   

 

2.  Another karabau or rm 1500 for the appeasement of the village kg Sugud where the wife is staying, and to be given to the village head for distribution to all the head of household in that kampung

 

3. RM 500 for a pig as sogit to all his three children

 

4.  Court cost rm 1000 to be paid by the husband and rm500 to be paid by the lover.

 

As usual 14 days to pay the fines or face jail sentences.

The two defendants had no comments on the fines, no pleading or appeal meaning the simply accepted the sentence.

 

They can appeal within 60 days to the DO but it is a known fact that if there is no ground for he appeal, the DO who chairs the District Native Court of Appeal will normally enhance the sentence.

 

So case is now concluded.