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February 02, 2016

Adultery – can I sue the mistress?

Q  I would like sue the mistress for alienation of affection. Can you help?

A  In a judgment handed down by the Supreme Court of Appeal on 25 September 2014, in the case of RH v DE (Case No:  594/2013), the court found that “the action derived from the actio iniuriarum and based on adultery, which afforded the innocent spouse a claim for both contumelia and loss of consortium, is no longer wrongful in the sense that it attracts liability and is thus no longer available as part of our law”.

For more detail, please see the article on my website.

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