What is Adultery? What to Do If Discovered?

Adultery refers to a consensual relationship between a man and a woman who are not married to each other or are not each other’s spouse. At least one party involved in this relationship is a married individual. It’s essential to note that any physical contact short of sexual intercourse does not fall under the definition of adultery.

Legal Implications in Malaysia: Evidence Required for Prosecution and Divorce

Divorce Proceedings:

To file for divorce, the applicant must prove that the spouse engaged in physical infidelity, resulting in the breakdown of the marriage, not merely emotional infidelity. Therefore, acts like flirting or holding hands might not be classified as adultery, even though they might be considered disloyal to the spouse.

However:

Adultery can be inferred from a compelling combination of circumstantial evidence.
For instance:
📌 The defendant frequently visits the third party’s house to see their daughter.
📌 The defendant and the third party were found alone in a room, unclothed.
📌 The defendant purchased movable and immovable property for the third party without valid justification.

😮 Now, which types of evidence could be useful for a prosecution of adultery and divorce?

📌 Text messages or communication indicating an affair.
📌 Vacation photos or intimate pictures.
📌 Evidence showing both parties staying together in hotels.
📌 Concrete evidence could include screenshots of admission of guilt or a child’s birth certificate, among others.