Section 13
of Native Courts Native Customary Laws Rules 1995
Section 13
(1)
Any person who, being betrothed, terminates that betrothal without any reasonable excuse commits a breach of native customary law and shall be liable -
(i)
(a)
to pay to the aggrieved party babas not exceeding 2 heads of livestock or other things of equivalent value in accordance with adat fine; and
(b)
to pay to the aggrieved party denda malu of 1 head of livestock; or
(ii)
in default thereof -
(a)
to a fine not exceeding 1500 ringgit; or
(b)
to an imprisonment for a term not exceeding 1 month; or
(c)
to both fine and imprisonment.
(2)
If any collateral agreement has been entered into between the parties, the person in breach shall, unless the Court orders otherwise, carry out the terms of such agreement.
(3)
If the aggrieved party is the fiancee, -
(a)
she shall not be required to return any dowry or betrothal gift which has been given to her; or
(b)
she shall be entitled to recover such dowry or betrothal gift as may have been agreed upon during or preceding the betrothal proposition.
(4)
If the aggrieved party is the fiance, he shall be entitled to recover any dowry or betrothal gift given by him to the fiancee.
9
Compellability to marry.