Rose v Valentin (CS 288/1998) [1999] SCSC 8 (29 September 1999)
Section 26 of the Matrimonial Causes Act 1992 (Cap 124) expressly prohibits any claim for damages arising from the adultery of a party to a marriage, notwithstanding any other written law, including the Civil Code. The plaintiff's action, whether framed as adultery or an adulterous relationship causing estrangement, is barred and cannot be sustained.
- Citation
- [1999] SCSC 8
- Parties
- Plaintiff: Rose; Defendant: Valentin
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 29 September 1999
- Case Number
- CS 288/1998
- Procedural Posture
- Delictual Action / Ruling on Plea in Limine Litis
- Outcome
- action dismissed
- Legal Topics
- Adultery, Damages, Matrimonial Causes Act, Civil Code Article 1382, Constitutional Law
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Rose
Plaintiff
Valentin
Defendant
Procedural Posture
Delictual Action / Ruling on Plea in Limine Litis
Legal Issues
- 1 Whether a delictual action for damages based on adultery survives after the Matrimonial Causes Act 1992 (Cap 124)
- 2 Whether section 26 of the Matrimonial Causes Act bars all claims for damages arising from adultery, including under the Civil Code
Ratio Decidendi
Section 26 of the Matrimonial Causes Act 1992 (Cap 124) expressly prohibits any claim for damages arising from the adultery of a party to a marriage, notwithstanding any other written law, including the Civil Code. The plaintiff's action, whether framed as adultery or an adulterous relationship causing estrangement, is barred and cannot be sustained.
Court Disposition
action dismissed
Orders
- Action dismissed with costs.
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