CASE OF MAN who thought being separated means already divorced.

 Drafted Fri: 24th April 2015

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.