The Supreme Court of Sri Lanka has ruled in a landmark judgment that a spouse who commits adultery can be compensated by a third party without seeking a divorce. The decision arose out of an appeal in a case between a husband who accused his wife of infidelity and a co-accused adulterer.

Justice Preethi Padman Surasena and Justice Achala Vengappuli agreed with Justice Priyantha Fernando that adultery by the co-accused could lead to the breakdown of the marriage, thereby allowing the aggrieved spouse to claim damages for loss of cooperation.

In this case a wife sought a divorce based on her husband's claims of desertion, and she countered by claiming that the marriage had deteriorated due to her relationship with the co-defendant. The Hatton District Court initially sided with the husband and dismissed the wife's divorce petition and awarded the co-defendant Rs. 500,000 in damages.

This judgment makes it clear that in Sri Lanka, where adultery is not a criminal offense but grounds for divorce, the aggrieved party can seek damages from the co-defendant without initiating divorce proceedings against his partner.