VERDICT of case Man married at JHEAINS without informing father of girl

 

 DRAFTED TUE JUNE 23RD, 2015

 

PENAMPANG. The Native Court here found a couple, both workers at a restaurant in Putatan guilty of “mianu-anu” under Section 10(1) under the Native Court Enactment 1992/1995 and fined a total of RM6500.

 

The panel of judges consisting of District Chief Bryan Matasing, Native Chief Andrew S Lidaun and Village Chief Rita John were unanimous in their decision and ordered the man who was born at Menumbok to pay “sogit” to the aggrieved party one buffalo (RM2500), another buffalo (RM2500)  for the appeasement of the village and fine under Section 10(1)(iii)(a) of RM1500 of which RM700 shall be shared by the woman as co-accused.

 

According to the facts of the case, the father of the woman filed a complaint at the Native Court after the man has failed to honour all the engagement promises of RM1500 as dowry, one buffalo and wedding celebration cost.

 

Instead, the couple proceed to live together without complying with the customary “adat” and then registered their marriage at JHEAINS without the knowledge of the father. When the daughter returned home to the family in March this year only then the father knew she was already carrying a child.

 

Upon hearing the verdict the man said he wish to appeal, however the court queried on what grounds would he appeal considering that during the hearing both defendants have admitted to the facts in their testimony with the pregnancy as the proof and admitting that nothing has been delivered as per the promises made during the engagement.

 

As for the fines imposed, the court has already given consideration by imposing only one buffalo as sogit whereas the Enactment provides for a maximum of two buffaloes. The man still have to negotiate with his in-laws regarding the promises made during the engagement as the fines imposed by the Court are only for offences against the native laws.

 

Both defendants were reminded they have 14 days to pay the fines or face 6 months jail for the man and one month for the woman. They can also appeal to the District Native Court within 60 days.

 

Meanwhile, the new Native Court building for Penampang has again been delayed at least a year. The Court staffs were informed that the contractor was unable to complete the work and was terminated while the new one appointed is expected to carry out the remaining works starting July this year. However, efforts to contact JKR as the supervising officer for confirmation was futile.