I think that my spouse is cheating on me. Can I sue?

  • S.498 of the Penal Code prohibits the enticement of a married woman for illicit intercourse. There is the possibility of action being taken against a wife's lover but not against the wife herself, as there is no provision either in the Penal Code or the Criminal Procedure Code that stipulates punishment for adultery.
  • There is however, no similar prohibition against enticement of a married man.
  • Distinction between adultery and enticement: In adultery, a woman may be a consenting party but under section 498, she may be a subject of enticement against her own will.
  • In practice though, the A-G's chambers often decline to prosecute under s.498 as seen in a recent case involving a local celebrity, viewing it as a private matter between a husband and wife. Instead, legal counsel was engaged to lead a private prosecution team on behalf of the husband.
  • If you believe that adultery has led to the breakdown of your marriage, and that you find it intolerable to live with your spouse, you may wish to petition for a divorce (see below). You will need to seek advice as to the options available to you.
This article is for informational purposes only, and must not be relied upon as a substitute for obtaining legal advice from a qualified lawyer, provided specifically with reference to all the facts of a particular situation and the law of your jurisdiction.
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