AT THE NATIVE COURT: WIFE HAD AN AFFAIR AFTER LEAVING HUSBAND'S HOME

 drafted Tue 19 July 2016

PENAMPANG. A young husband from Kepayan told the Native Court here a village chief informed him and his mother that his wife had given birth to a baby from an affair with another man. This was on 9 June this year and the baby boy is already 5 months old.

His wife has left the family home in February 2015 and returned to her parents at Kg Nosoob after some domestic arguments with his mother in his presence.

In April 2015 he was called by the village chief to the native court for mediation, resulting in him being asked to give one pig within one month as a “sogit” for reconciliation.

However this was not carried out because he could not contact his wife via mobile phone and once it was answered by an unknown man.  Afterwards all attempts to call her resulted in getting only the pre-recorded messages.

He claimed to have contacted his parent in-laws but was told she had gone out and the wife will be told to return call, however this never happened.

Testifying as plaintiff, he said they were married only for one year with a baby daughter when she left their home, and their marriage was certified at the Native Court of Penampang.

“I also received a letter from my wife asking for a divorce, but this was not carried out because I started working in Tawau after she left”,   he added.

He requested the court to take appropriate action and at the same time applying for custody of their baby daughter.  At this point he could not control his tears and emotion.

When asked by the court he said he does not recognise the other man involved in the affair.

 

The village chief from the wife’s village was called to give his report. Briefly, he said he had carried out an investigative hearing in February 2016 and submitted to the court the statements he had taken. He said the second defendant had admitted the affair seven days after the birth of the baby. He also admitted knowing the woman is still married but carried on with the affair both at her house and at his rented house. He admitted his intention to marry her out of love. His father’s statement was also taken admitting being aware of couple’s affair in May 2015. He had also admonished them but was ignored.

 

In the dock as first defendant, the wife admitted the affair beginning in March 2015. She claimed she was chased out by her in-laws and told to go home to her parents. She also said she does not love her husband and all in his family anymore. She is acquainted with her lover long before the affair.

 

Meanwhile the second defendant said he was not aware that his girlfriend is married initially contradicting the recorded statement taken by the village chief. He claimed he only knew later about her marital status through mobile phone. When questioned by the court, he said he will take full responsibility including going to jail in accordance with the native customary laws. He admitted that their baby boy is born out of wedlock.

He could not answer when the court asked him how he feels if someone entice his wife away.

 

The panel of judges led by District Chief Bryan Matasing, Native Chief Andrew S Lidaun and Village Chief Charles Abel then set the date for the verdict on 3^rd August 2016.