Non-Muslim husband can sue for adultery in divorce proceedings, says lawyer

Free Malaysia Today

However, civil law does not allow any remedy for such action if the third party is a Muslim man.  Read More:  https://www.freemalaysiatoday.com/category/nation/2023/12/17/non-muslim-husband-can-sue-for-adultery-in-divorce-proceedings-says-lawyer/  Free Malaysia Today is an independent, bi-lingual news portal with a focus on Malaysian current affairs.    Subscribe to our channel - http://bit.ly/2Qo08ry   ------------------------------------------------------------------------------------------------------------------------------------------------------ Check us out at https://www.freemalaysiatoday.com Follow FMT on Facebook: http://bit.ly/2Rn6xEV Follow FMT on Dailymotion: https://bit.ly/2WGITHM Follow FMT on Twitter: http://bit.ly/2OCwH8a  Follow FMT on Instagram: https://bit.ly/2OKJbc6 Follow FMT on TikTok : https://bit.ly/3cpbWKK Follow FMT Telegram - https://bit.ly/2VUfOrv Follow FMT LinkedIn - https://bit.ly/3B1e8lN Follow FMT Lifestyle on Instagram: https://bit.ly/39dBDbe ------------------------------------------------------------------------------------------------------------------------------------------------------ Download FMT News App: Google Play – http://bit.ly/2YSuV46 App Store – https://apple.co/2HNH7gZ Huawei AppGallery - https://bit.ly/2D2OpNP  #FMTNews #NonMuslim #Marriage #Adultery #Divorce #FederalConstitution

Transcript

00:00 A non-Muslim spouse whose wife has been enticed by another man for sex retains a remedy against

00:08 the perpetrator under civil law, a family lawyer said.

00:12 Jay Gunamala said her husband can end his marriage under the 1976 Law Reform Act and

00:18 named the enticer as a correspondent.

00:21 However, Gunamala said he would need strong proof of adultery between his spouse and another

00:26 to win damages.

00:28 In a landmark ruling delivered on Friday, the Apex Court found section 498 of the Penal

00:33 Code unconstitutional as it violated Article 8 of the Federal Constitution.

00:38 Article 8 guarantees that all persons are equal before the law and entitled to equal

00:42 protection.

00:43 Under section 498, a man who takes away or entices a married woman to engage in illicit

00:48 sexual intercourse with her commits a criminal offence and is liable to be jailed for up

00:53 to two years or to a fine or both.

00:57 Gunamala said the removal of the section 498 offence from the statute book means that the

01:01 husband has lost his right to have the perpetrator investigated and prosecuted by the authorities.

01:07 However, lawyer Ravi Neku said the civil law remedy is not available against a Muslim man.

01:13 He said another federal court decision handed two years ago has held that the Muslim person

01:18 cannot be named as a party in divorce and judicial separation proceedings between a

01:22 non-Muslim couple in the civil courts.

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Transcript

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