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.