Adultery is one of the grounds for divorce in Malaysia for non-Muslims under the Law Reform (Marriage and Divorce) Act 1976 (LRA).
However, it is not enough to simply allege that your spouse has committed adultery. You will need to provide evidence to support your claim in order for you to sue and claim for compensation from the alleged adulterer.
So what evidence do you need to sue for adultery in Malaysia?
The type of evidence that will be considered by the court will vary depending on the circumstances. However, some common types of evidence include:
- Confession or admission by the spouse. This is the strongest type of evidence, but it is not always possible to obtain.
- Photographs or videos of the spouse engaged in an adulterous act. This can be very effective evidence, but it is important to make sure that the photos or videos are genuine and not tampered with.
- Witness testimony. This can be from people who saw the spouse engaged in an adulterous act, or from people who know about the affair.
- Letters, emails, or other written communication between the spouse and the other person. This can be helpful evidence, but it is important to make sure that the communication is genuine.
- Birth certificate of illegitimate children. Having children out of wedlock can be another solid proof to claim for adultery.
- Medical evidence. This can be used to prove that the spouse contracted a sexually transmitted disease from the other person.
The court will consider all of the evidence presented to it and decide whether it is sufficient to prove adultery. If the court finds that adultery has been committed, the court may grant the divorce and order that the aggrieved party to be compensated.
It is important to note that adultery is not the only ground for divorce in Malaysia. If you are considering filing for divorce, it is important to speak to a divorce lawyer to discuss your options.
Here are some additional tips for gathering evidence of adultery:
- Be discreet. Don’t let your spouse know that you are gathering evidence.
- Be thorough. Collect as much evidence as possible.
- Be objective. Don’t let your emotions cloud your judgment.
- Get legal advice. A lawyer can help you understand the law and gather evidence in a way that is admissible in court.
- Seek for a licensed private investigator. Getting professional help may ease the process and ensure that the evidence obtained is admissible in the court.
If you are contemplating to file for a divorce for whatever reason, it is important to seek legal advice from a divorce lawyer to know your stand better and to represent you in court if necessary.
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