KOTA KINABALU: A doctor and his nurse partner have been fined RM15,000 for violating customary laws, after the doctor married the nurse while she was still legally wed to another man.
The fine, locally known as sogit and which is the equivalent of three large livestock, was imposed by the Keningau Native Court based on the Native Court Enactment 1992 and the Native Laws Amendments 1995 on Tuesday.
This comes after the nurse’s husband filed a lapau suit against the couple, claiming that the woman had gotten married to the doctor while she was still legally married to him.
A lapau suit is a claim filed under the Native Customary law against those who are accused of disrupting or ruining a marriage, including involving those that have yet to be annulled or dissolved under the law or customary rites.
The native court made the decision after going through documents, statements and other evidence.
The court found the woman was still legally married based on her records in the National Registration Department. She subsequently had two children.
The court also took into account the woman’s marriage to the doctor while her marriage to her first husband had yet to be dissolved.
During the proceedings, the marriage status of the woman involving the Sabah Islamic Religious Affairs Department was also touched on.
Apart from the main sogit of RM15,000, both the accused were asked to pay extra sogit for the two children, amounting to RM4,000.
The court ordered that the payments be settled within 21 working days from the date of the court order, failing which could result in further actions being taken according to related laws.
The court also instructed all parties to refrain from giving rude, threatening or insulting statements, especially on social media platforms, that could tarnish the image of any parties.
