WHILE infidelity cases are widespread online, causing non-Muslim marriages to fall apart, a family law judge states that it does not equate to adultery.
Shah Alam High Court judge Evrol Mariette Peters brought up how technology has “redefined” forms of infidelity in marriages – where in today’s day and age, is done through social media, text messaging and e-mail platforms.
According to Peters, she said that adultery is defined in a “conventional” sense – pertaining to sexual intercourse between two individuals of the opposite gender, according to Free Malaysia Today.
However, that definition does not extend to a “third party of the same sex”, as quoted.
Peters mentioned that adultery is “specific” while infidelity is on the more “general” side, as quoted, mainly involving flirting and emotional affairs.
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The law in Malaysia allows one of the spouses in a non-Muslim marriage to file for divorce in the case of a crumbling marriage if the aggrieved spouse cannot “tolerate”, as quoted, living with the unfaithful spouse.
Proof of adultery relies on evidence from eyewitnesses, text messages, admissions and photographs as well as the “balance of probabilities”, as quoted.
Furthermore, Peters said the aggrieved spouse is allowed to seek damages from the adulterer or adultress.
However, a divorce petition due to adultery could be “dismissed” if the party who submitted the petition has tolerated the spouse’s unfaithful act.
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