19-6-2024 (BANGKOK) The Constitutional Court of Thailand ruled on Tuesday that Section 1523 of the Civil Code violates the country’s constitution, paving the way for wives to sue their husbands’ lovers, regardless of gender.
The long-standing Section 1523 had previously allowed husbands to sue their wives’ lovers but enabled wives to take legal action only against other women involved in an adulterous relationship with their spouse, provided the affair was public.
Keirov Kritteeranon, the secretary-general of the Office of the Ombudsman, hailed the court’s ruling, stating that it rectifies a glaring imbalance in the law. He explained that the Ombudsman had previously petitioned the court to assess the legality of Section 1523, as it unfairly discriminated against wives by allowing husbands to sue their partners’ lovers of any gender, without the requirement of a public display of infidelity.
The Constitutional Court’s decision, which must be enforced within 360 days, upholds Section 27 of the Thai constitution, ensuring equal rights and liberties for all citizens, irrespective of sex.
Once implemented, the ruling will empower wives to seek legal recourse against their husbands’ lovers, whether male or female, aligning the Civil Code with the principles of gender equality enshrined in the nation’s highest law.
