First hearing date: 10. 3. 2015 CASE NO. 56/15
Plaintiff: Judith of Terawi
First Defendant: Raphael of Kinarut
Second Defendant: Johanna
Plaintiff open hearing Testimony:
The court asked, what is her purpose to come to court?
To ask the court for decision because her husband had married again, she did not know why and when and only knew through "facebook".
She did not have any documents as proof of her contention but somehow she had submitted a "surat berian" to the court.
Since he married the other woman, he did not come home or contacted me.
For 2 years he never came home or telephone.
We never have any serious problems before this apart from him always not at home.
We don't have any children.
Now I am working in a legal firm in KK and before that I had worked for a hardware shop at Jln Penampang Bypass.
Since then he never gave me any financial maintenance and neither did I ask.
I summoned him because I am still the legal wife to claim my rights as per the Native Adat of Penampang and afterwards seek for a divorce. As for other matters, I leave that to the wisdom of the court.
(Signed her statement as recorded by the bench)
Defendant No. 1:
The court asked the usual question, "did you understand the complaint against you and do you agree or disagree? "
He answered in Kadazan " Kalati om Otopot nakasavo zou vagu"
meaning " I understood and true I have married again"
We are already married for nearly 2 years.
There was a problem with my first wife. She left home of her own accord even before the 100 days after my mother died. She just left taking her personal belongings including clothes, TV and a fan.
Did you tell your first wife your intention to marry again?
How can I when she had already disappeared from home.
Why did you take the short cut and get married without solving your first marriage?
I did not know or understand the native adat (hmm, a kadazan who does not know his own traditions, he he)
Our first marriage was done at St Michael's Church and the second one at the Native Court Penampang on 1 Jan 2014.
As for my first wife request for a divorce, I will sign the divorce papers now.
But the court said, you must do it at the JPN or Jabatan Pendaftaran Negara where his marriage certificate is recorded in accordance with the processes set out by JPN.
The bench asked, anything else you want to add?
How much would be my fine, I like to have a clue since I am only a driver who makes a living by accepting charters from people who needs transport.
Defendant No. 2 in the witness box.
When asked by the court she confirmed being married to defendant 1 in January 2014 and now have a baby boy whom they named as Randel and is being looked after by parents at Kinarut.
I was already pregnant and only then my husband told me that he is still not formally divorced from first wife. Whatever happens, he said he will take full responsibility.
If I had known he has not settled the divorce yet, I would not have married him yet.
I am a Dusun from Keningau where both my parents are also Dusun.
I am now just a housewife and would like to ask why she waited so long and only after 2 years then summon in court.
The Native Chief from the bench responded by saying, she is sitting infront of you now, just asked her !!
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After all the statements were signed, the bench which was led by Ketua Daerah Bryan Matasing, KAN Andrew S Lidaun and KK Michael Bejuet set the date for the verdict on 9 April 2015 at 9 am sharp.
Before adjourning the hearing, the KD or District Chief reminded that for any divorce proceeding, the parties must go back to the authority that conducted and registered their marriage and follow the procedures set out by this authority.
If the marriage is registered with JPN, then they must go there to seek for a divorce.
The Native Court can only approve a divorce that was previously conducted at the Native Court.
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To be continued after the verdict.
THE VERDICT WAS passed on 24 April 2015 because on 9 April, the court had to ask extra questions to the defendant because of the complication that he has two different marriage certificate both valid at the same time, from JPN and from Native Court.
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PENAMPANG. A man from Kinarut
who married again without formally divorcing his first wife paid a customary
fine totalling RM 3,000 at the Native Court here. He had claimed ignorance of
the native “adat” and assumed that being separated for nearly two years meant
they were divorced.
The panel of judges District
Chief Bryan Matasing, Native Chief
Andrew S Lidaun and Village Chief Michael Bejuet concurred that he had breach
the native customary law of “lapau”
(bigamy or polygamy) for which the fine is one buffalo (RM1500) which is
payable to the first wife, under Section 20 (1)
of the Native Court Enactment 1992/1995.
He escaped paying further “sogit” to children since there was no
child with the first wife.
He and his second wife also have
to pay one buffalo (RM1500) as appeasement to the village of the first wife to
be administered by the village chief.
According to the facts of the
case, the defendant testified that his marital problem started when his wife
left their home on her own accord with all her personal belongings including
clothes, TV and a fan, less than 100 days after his mother had passed away. He
claimed to have contacted her to come home with no avail hence had no objection
if his wife initiate the divorce proceedings at the National Registration
Department as they have previously married in church. He took the second wife
via the Native Court on 10 January 2014.
In passing the verdict, the
court has taken into account that the second marriage has already resulted in a
baby boy now aged 6 months and the defendant and his first wife have mutually
agreed to proceed with their divorce.
However, in accordance with the
formality of the court, any of the parties can appeal the verdict to the
District Native Court within 60 days or the fines to be paid with 14 days, in
default the husband face 3 months jail and the second wife face 1 month jail if
the fines were not paid.
When the court asked them for
their final say, the man announced he wished to pay the fines after the hearing
is concluded. Meanwhile his second wife asked the court if she can sue back the
first wife if she continues talking about her or the case, but was rebuked by
the judges saying their case is now settled and both parties should now move on
happily ever after.
Meanwhile for Native Chief
Lidaun, despite the passing of his younger brother, his sense of duty still
brought him back to the court in the morning after which he rushed home to
attend the requiem mass at a chapel in his village of Kobusak, Nosoob.
