As technology continues to reshape the way we interact, it has also redefined the boundaries of marital infidelity.
However, family law has yet to catch up. According to family law judge Evrol Mariette Peters, while many marriages are breaking down due to online infidelity, these digital transgressions do not legally qualify as adultery.
Online cheating not considered adultery
Speaking at a seminar on Saturday, Peters delved into the impact of technology on modern relationships.
With cheating now taking place through text messages, social media, and emails, the conventional definition of adultery—limited to physical sexual intercourse between a man and a woman—may no longer be sufficient to address the reality of modern relationships.
“Adultery is currently defined as sexual intercourse between two people of different genders, but this doesn’t account for emotional affairs, flirtation, or same-sex relationships,” Peters pointed out.
She also questioned whether adultery as a concept should be expanded or even removed from family law altogether, given the complex ways in which infidelity manifests today, reported FMT.
Proving adultery requires clear evidence, such as eyewitnesses, messages, or photos
While Peters acknowledged that the law allows a spouse in a non-Muslim marriage to file for divorce if the marriage has irretrievably broken down due to adultery, she emphasised that current legal definitions remain outdated.
For instance, online or emotional cheating, though often the root cause of divorce, does not meet the legal threshold for adultery.
Under current laws, the wronged spouse can seek damages from the third party involved in an affair, known as the co-respondent.
However, proving adultery requires concrete evidence such as eyewitness testimony, messages, or photos.
Despite this, a divorce petition based on adultery can be dismissed if the petitioner has previously tolerated the behaviour, making the legal process even more complicated.
As digital infidelity becomes more prevalent, Peters’ remarks raise the question of whether it’s time to rethink the legal boundaries of adultery.
Should family law evolve to better reflect the complexities of modern relationships, or does the concept of adultery need a complete overhaul? The rise of technology suggests that the answer may no longer be straightforward.
