Section 58 of Law Reform (Marriage And Divorce) Act 1976 (“LRA”) provides to the power of court claim to damages for adultery against co-respondent.  

“58. Powers of court on claims to damages for adultery  

(1)        On a petition for divorce in which adultery is alleged, or in the answer of a party to the marriage praying for divorce and alleging adultery, the party shall make the alleged adulterer or adulteress a co- respondent, unless excused by the court on special grounds from doing so.  

(2)        A petition under subsection (1) may include a prayer that the co-respondent be condemned in damages in respect of the alleged adultery.  

(3)        Where damages have been claimed against a co-respondent: –  

(a)        if, after the close of the evidence for the petitioner, the court is of the opinion that there is not sufficient evidence against the co-respondent to justify requiring him or her to reply, the co-respondent shall be discharged from the proceedings; or

(b)        if, at the conclusion of the hearing, the court is satisfied that adultery between the respondent and co-respondent has been proved, the court may award the petitioner such damages as it may think fit, but so that the award shall not include any exemplary or punitive element.”.  

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