What is Adultery?
within the definition of the law in Malaysia
Adultery is the voluntary sexual intercourse between a man and woman who are not married to each other but one of them is at least a married person.
Damages for Adultery
Whenever I mentioned about adultery and damages, many are actually caught by surprise. They never heard that one can claim damages for adultery.
Before claiming damages for adultery, the person that commits adultery with the spouse must be made as a party of the proceeding, unless excused by the court on special grounds from doing so.
We are not looking at few hundred or few thousand ringgit here. When a party successfully claim damages for adultery against the adulterer or adulteress, such claim may vary from RM25,000.00 to RM200,000.00.
Note that the amount of damages is left at the discretionary of the Judges. However, in the eye of law, such damages, if awarded, shall not include any exemplary or punitive element.
Against Your Spouse in Divorce or Separation Proceeding
or being named as a Party?
If your spouse has alleged adultery against you in a divorce or separation proceeding or that you, who are not party to the marriage has been cited as a Party of the proceeding, it is important for you to do the following:-
Do sign the Acknowledgment of Service when the paper is served to you, there is no implication of admission or whatsoever, just a confirmation of receipt.
Do check if you have been served:-
ii. Affidavit in Support of Petition
iii. Acknowledgment of Service
iv. Notice of Proceeding.
It is very common in practice that procedures of serving are not being observed properly. Hence if you do not receive all four of the papers aforementioned, do take note and let your lawyer know.
Identify which paragraphs mentioned about the adultery. Highlight the paragraph and speak with a divorce lawyer to lay a good defence.