Divorce under Native Courts (Mahkamah Bumiputera / Indigenous Court)
Divorce can be a daunting experience, especially when there are complexities of the legal system. For those residing in Sarawak, it is important to know that there are options available for seeking divorce under Native Courts.
Let’s consider a scenario for someone seeking divorce in Native Court; A couple, both of whom belong to the Iban community, married in a traditional ceremony. Over time, they have grown apart, and the husband has been emotionally abusive. The wife, feeling trapped and seeking a way out, learns that she can file for divorce in the native court, where her cultural background will be acknowledged, and her rights protected according to Iban Customary Laws. This path allows her to seek relief from her marriage in a way that aligns with her identity and community values.
Q: What are Native Courts?
A: In Sarawak, Native Courts handle matters concerning the personal and family law of indigenous communities. These Courts operate under the Native Courts Ordinance and are designed to respect the customs and traditions of various native groups, such as the Iban, Bidayuh, and Orang Ulu.
Q: What is the process for filing a divorce in a native court?
A: You will need to submit an application at the native court office, where you will provide details about your marriage and reasons for seeking a divorce.
Q: Do I need a lawyer to file for divorce in a native court?
A: While it is not mandatory, having a lawyer can help you understand your rights and help the process more smoothly.
Q: What is the ground for divorce under native laws?
A: The grounds may include abandonment, abuse, infidelity, or other reasons recognized by your community’s customs.
Q: How long does the divorce process take?
A: The duration varies, but native court proceedings can sometimes be faster than civil court cases.
Q: Will my spouse be informed about the divorce proceedings?
A: Yes, your spouse will be notified, and they will have an opportunity to respond.
Q: What happens to my children during the divorce?
A: The native court will consider the best interests of the children, including custody arrangements that align with customary practices.
Q: Can I claim for maintenance or financial support from my spouse?
A: Yes, you can seek maintenance, and the court will consider your needs and your spouse’s ability to pay.
Q: What if my spouse refuses to attend the court hearings?
A: The court can proceed with the case even if one party does not attend, depending on the circumstances.
Q: Is there any possibility for reconciliation before finalizing the divorce?
A: Yes, native courts often encourage mediation and reconciliation efforts before finalizing the divorce.
Q: How do I know if I qualify for divorce under native laws?
A: Your eligibility can depend on factors such as your community affiliation and the circumstances of your marriage.
If you have any questions or require any additional information or clarification, please contact our lawyer that you usually deal with.