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.”. “Contact us and make sure the third person is punished” |
