The communities in Unity State’s Mayendit County have raised concerns about the handling of divorce cases by mobile courts, alleging that judges grant divorces without the return of the bride price.
According to customary law in the region, divorces are typically finalized only after the bride price given by the man’s family to the woman’s family has been compensated. Community members contend that allowing divorces without fulfilling this requirement will encourage unnecessary marital separations and create disputes among families.
Stephen Gattiek Tut Lam, the paramount chief of Mayendit County, criticized the courts, urging families to reject divorce cases without clear, justifiable reasons.
“Mobile courts can solve some of the problems peacefully, but there are other problems that they cannot resolve,” he said. “Some people are going to divorce themselves with no legal reason to claim the divorce right, while others may have legitimate reasons to divorce their husbands. If you agree with that, you must first compensate for someone’s poverty.”
Residents expressed concern that unpaid bride price compensation prevents divorced women from remarrying and could lead to further conflict between families.
Bandeng Biel, a resident, noted that not refunding bride price from previous divorces has already caused tensions in the community.
“Divorce was made just to let them (women) move on the streets. Nobody is going to marry them because the dowry has not been compensated,” he said. “The women are also affected because if a woman is divorced and the bride price is not paid back, it can create further conflict between her new husband and the person whose property was not compensated.”
For her part, Nyanath Ngundeng said they are now confused because in the past, divorce meant that the bride price had to be returned.
“A divorce is legally permitted only when the bride price has been refunded, paving the way for the signing of the divorce document,” she stated. “Currently, however, divorce documents are being signed without any bride price compensation.”
In response, Madeng Latjor, head of the legal administration and public prosecutor in Unity State, defended the mobile courts’ procedures.
“It is a fundamental human right for individuals to seek legal divorce,” he explained. “The mobile courts conduct these cases with proper legal oversight, ensuring that divorces are handled fairly when there is a legitimate reason.”
The mobile courts were established in Unity State in 2024 after the appointment of former Governor Riek Bim Top, with the mandate to adjudicate civil and criminal cases at the community level.