The act of infidelity can almost always guarantee the person whom is cheated on the promise of emotional pain beyond comprehension. But did you know that you may be able to bring an action against your spouse if they have cheated on you?
Malaysian TikTok creator and lawyer Gandhi Palanisamy recently shared this fact on his account @lawyergandhi, saying that indeed, both Muslim and non-Muslim Malaysians may bring a claim against their married partner, husband or wife, who cheated on them.
“A report coupled with sufficient evidence can be made to religious offices. For non-Muslims, this action also extends to the third party that caused the breakdown of the marriage and household, alongside filing the petition for divorce,” said Gandhi in the TikTok video.
Aside from that, Gandhi also stated that text message conversations which can prove, with clarity, that one’s spouse did have relations with the third party in question will constitute as a form of evidence.
“Other forms of solid evidence include certificates or photos of one’s spouse having married someone else in another country, such as Thailand, hotel receipts, and proof that your partner had a child with the third party,” said Gandhi in the TikTok.
While his information was solid, many Malaysians had polarising views on the matter, with some saying that there is no use suing a cheating partner.
“There’s no need to go through all this trouble. Just divorce in an amicable manner. To ask them to stay also isn’t worth it because it is clear that their heart has changed, let them start their new life,” wrote one user.
Nevertheless, a fair share of the comments section also praised Gandhi for the informative video, saying that it is always important to have legal knowledge at the back of one’s mind.
Speaking to WORLD OF BUZZ, Gandhi stated that the focus of his TikTok clip was towards civil law and not Syariah law
“In the context of civil law for non-Muslims, it is indeed possible to claim for damages in cases of adultery, and this can extend to claims against the third party involved, namely the adulterer or adulteress,” said Gandhi to WORLD OF BUZZ.
Furthermore, the Malaysian lawyer also stated that the range of potential damages generally spans from RM10,000 to RM100,000, though the figure is subject to discretion of the judges handling each case.
“The final amount awarded depends on the specifics of each individual case, including factors such as the impact of the adultery on the aggrieved party, emotional distress, and other pertinent considerations,” added Gandhi.
Watch the full TikTok video below:
@lawyergandhi Saman suami curang? Bagi Muslim, boleh saman suami curang. Bagi bukan Muslim, boleh ambil tindakan terhadap pihak ketiga. #curang #madu #perceraian #lawyergandhi #learnontiktok
Having an unfaithful partner isn’t ideal, but it’s good to know that you may be able to make your cheating spouse pay for it – literally!
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