SEVENTH HEAVEN CASE: FORMER FIANCEE IGNORED PAYING THE FINE OF TWO BUFFALOES

 FIRST DRAFT: Wed 9 Mar 206

PENAMPANG. The “Seventh Heaven” case returned to the Native Court here today which was supposed to be settled in-chamber on 9 June 2015 where a couple agreed to dissolve their seven year engagement.



The court led by District Chief Bryan Matasing proceeded to hear the case in open court and called the defendant to appear. After the third call, the former fiancée who is the defendant was confirmed as failing to answer the subpoena of the court even though she had given a less than 24 hour notice in a letter, received at 2:45 pm just yesterday that appeared to challenge the date set by the court.



Matasing said the case needs a closure but the defendant had ignored three notices in the past to come to the court.

For this open hearing she was given ample time as she had signed the summons on 19th February 2016, hence we will give her another two weeks to come and explain to the court,  otherwise we will order the police to find her, he added.



According to the facts of the case, after several hearings in open court the couple had decided to settle amicably in chamber to dissolve their engagement on 9 June 2015. As part of the settlement the court also applied the Native Courts Enactment 1992/1995 Section 13 (1)(i)(a) to pay to the aggrieved party a customary “babas”(compensation) of one buffalo and under the same section part (b) of “denda malu”(fine for causing dishonour) of another buffalo which must be paid by the party who terminated the betrothal.



Apparently the former fiancée had ignored the payment of the two buffaloes forcing the man to file another complaint to the court.



The native adat is generally protective to women as under this Section 13, if the aggrieved party is the fiancée, she does have to return any of the dowry and gifts paid, even entitled to claim any dowry and betrothal gifts promised before the proposition.  However if the aggrieved party is the fiancé, he shall be entitled to recover all dowry and betrothal gifts.



This above case was referred to as the Seventh Heaven because the fiancee was caught by the fiancé  singing a famous karaoke song with the same title, in a romantic pose with another man at a birthday party in a clubhouse.

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