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Betrayed Husband, Adultery and Polygamy

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asked on Jan 30, 2012 at 19:30
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edited on Jul 6, 2018 at 03:10
 
I had been together with my husband for 3 years, married 3 years. Last 2 years, he forced me for divorce, claiming that he is no longer can tolerate to live with me.  He chased me out of the house (the house is bought under both of our names and I'm still paying for the installment until today). We have been living apart for 2 years. I moved on, continue with my life working and studying part time, earning for my own living. I rented a small room and the living condition is not satisfactory.

Our divorce is undergoing as an arbitration at court early this year.  I paid my lawyer for RM25k. My lawyer informed me petition divorce normally takes at least 3 - 4 years.

Early this year, I discovered that my husband re-married. I have documents that he declared her as "WIFE". They moved to my house after 3 months he chased me out of the house.

I also have documents they traveled together and living in the same hotel room during their vacation abroad within these 2 years.  When I was with my husband, he never brought me for vacation, claimed that he is poor. I'm a faithful and responsible wife, being understanding, I didn't request for expensive gifts and vacation abroad. I earned and shared for the household expenses. 

I felt hatred as he cheated me. He didn't tell the truth that he has third party when he requested for divorce, as he afraid of loosing the house and has to pay me for maintenance.  He jeopardized and accused me that I'm a bad wife (bad behavior and couldn't be tolerated to live together anymore) at court. They are selfish. They are now living together happily at my house as a family and yet I'm paying for the house installment. This woman destroyed my marriage and my family that I've built these years.

Due to their selfish purpose, they accused me for all reasons that I caused failure to my marriage that he has to divorce me. In order not to pay me back for the house and the maintenance, they prolong the divorce case and wasted my precious time.

My heart so painful and bleeding. My tears dropped whenever I think of these.
Can I sue them for jeopardizing my credit, adultery and polygamy? Can they be sentenced to jail under the Law of Malaysia?
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4 Answers

answered on Jan 30, 2012 at 19:33
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I would like to add that we are non-muslim.
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answered on Jan 30, 2012 at 20:18
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edited Jul 6, 2018 at 03:16
 
Last 2 years, he forced me for divorce, claiming that he is no longer can tolerate to live with me.
Nobody can force you to divorce.

I paid my lawyer for RM25k. My lawyer informed me petition divorce normally takes at least 3 - 4 years.
This is really stupid. If your husband is the one who wants a divorce, you don't need to pay lawyers.
You can let his lawyer do all the work, then personally object to the terms that you don't like in Court.
Normally High Court will try to be fair to those who doesn't have a lawyer.
Seems like you are the one trying to divorce, not him.

Early this year, I discovered that my husband re-married.
He can't register a new marriage without the divorce Decree Nisi.

I have documents that he declared her as "WIFE".
What are the documents, please let us know.

Can I sue them for jeopardizing my credit, adultery and polygamy? Can they be sentenced to jail under the Law of Malaysia.
1. Adultery is not a crime for non-Muslims.
2. They did not jeopardize your credit as nobody forced you to pay for the house.
3. Not polygamy, maybe bigamy.  Bigamy is a crime only if he lied to the mistress and told her that he is not married or no longer married, and then hold a marriage ceremony.
However if the mistress knew that you are still the wife, then no bigamy crime is committed.

Looks like nobody is going to jail here.

What you can do is maybe stop paying for the house installment.
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answered on Jun 20, 2018 at 06:55
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edited Jul 6, 2018 at 03:23
 
I don't agree, bigamy is definitely a crime and if you payed the installments, then it is  a joint property.
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answered on Jun 20, 2018 at 09:59
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edited Jul 6, 2018 at 03:25
 
bigamy is definitely a crime
It is definitely a crime under Section 494 of The Malaysian Penal Code.
(Maximum 7 years Jail plus undefined Fines subject to financial ability)
Note: By current marriage procedures, it is almost impossible to commit bigamy (unless by wilful criminal deceit during registration of marriage).

Section 498 of The Malaysian Penal Code deals with Enticing or taking away or detaining with a criminal intent a married woman.

you payed the installments, then it is  a joint property.
Not accurately phased. For Joint Names Property, one party need not be paying or have paid (ad hoc contribution) to have Joint Legal status (ownership).
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