Adultery is the sexual relationship between an individual who is married and another person who is not that individual’s spouse. Latey defines “adultery” as willing sexual intercourse between a husband or wife and one of the opposite sex while the marriage subsists. In law’s perception, adultery is viewed as an offence injurious to the public morals and also a mistreatment of the marriage. Under s.54(1) of the Law Reform (Marriage and Divorce) Act 1976, one of the reason that may lead to the breakdown of a marriage is the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent.
In the recent case of Dr Gurmail Kaur Sadhu Singh v Dr. The Seong Peng & Anor , the petitioner filed for a divorce on the grounds that the marriage had irretrievably broken down on the ground that the first respondent had committed adultery with the second respondent. One of the issues determined by court was whether the breakdown of marriage was due to the alleged adultery committed by the first respondent and the second respondent. The petitioner had proved beyond reasonable doubt that the first respondent and the second respondent had an adulterous affair and relationship and their joint presence on the bed …show more content…
Besides, one act of adultery will be sufficient, which can be seen in the case of Douglas v Douglas and Webb . The motive and intention of respondent committing adultery are irrelevant. To constitute an adultery, there must be an act of sexual intercourse between the respondent wife or husband and the other person. In the case of Locke v Locke , it was held that some penetration of the woman by the man must be found to have taken place to constitute an adultery. It is not necessary for the act to be complete but a mere attempt without penetration is sufficient to constitute an
In the recent case of Dr Gurmail Kaur Sadhu Singh v Dr. The Seong Peng & Anor , the petitioner filed for a divorce on the grounds that the marriage had irretrievably broken down on the ground that the first respondent had committed adultery with the second respondent. One of the issues determined by court was whether the breakdown of marriage was due to the alleged adultery committed by the first respondent and the second respondent. The petitioner had proved beyond reasonable doubt that the first respondent and the second respondent had an adulterous affair and relationship and their joint presence on the bed …show more content…
Besides, one act of adultery will be sufficient, which can be seen in the case of Douglas v Douglas and Webb . The motive and intention of respondent committing adultery are irrelevant. To constitute an adultery, there must be an act of sexual intercourse between the respondent wife or husband and the other person. In the case of Locke v Locke , it was held that some penetration of the woman by the man must be found to have taken place to constitute an adultery. It is not necessary for the act to be complete but a mere attempt without penetration is sufficient to constitute an