The Constitutional Court has unanimously ruled that the law allowing spouses to sue for damages due to adultery is unconstitutional.
The court found that Section 1523, paragraph two, of the Civil and Commercial Code, which permits a husband to claim compensation from a man involved with his wife and a wife to claim compensation from a woman openly displaying an affair with her husband, contradicts the Constitution.
The Ombudsman filed a petition with the Constitutional Court, arguing that the language of this provision was problematic. It allowed a husband to sue the “adulterer” of any gender without considering whether the wife was a willing participant or whether the affair was conducted openly.
In contrast, a wife could only sue another woman, and only if the affair was openly displayed. This was seen as discriminatory and against Section 27 of the Constitution, which ensures equal rights for men and women and prohibits gender-based discrimination.
Celebrity lawyer Decha Kittiwittayanan stated that starting from the court’s decision, for the next 360 days, legally registered wives will not be able to sue another woman for having an affair with their husband. Similarly, husbands cannot sue another man involved with their wife. The court emphasized that everyone has equal rights and freedoms, and the law must be applied equally. However, divorce lawsuits remain unaffected as they fall under different legal provisions.
The court’s ruling will not retroactively affect cases where a decision has already been made. However, ongoing adultery lawsuits still pending in court will be dismissed after the 360-day period. (TNA)
