In this article, we will focus on adultery as a ground for
divorce. Under Section 54(1)(a) of the Law Reform (Marriage and
Divorce) Act 1976 ('LRA 1976'),1 the fact that
the respondent has committed adultery and the petitioner finds it
intolerable to live with the respondent, is one of the facts and
circumstances which the court shall have regard to in its inquiry
into the proof of breakdown.
Meaning of adultery
The High Court in GGC v. CCC & Anor2 has shed
some light on the meaning of adultery, where it referred to an
English case:-
[68] In Clarkson v. Clarkson [1930] 143 LT 775, 46 TLR 623 it
was held that adultery is the voluntary sexual intercourse
between a man and woman who are not married to each other but one
of them is at least a married person.
