Report No. 15

43. Damages from adulterer or adulteress.-

(1) A husband or wife may, on a petition for divorce or for judicial separation, claim damages from any person on the ground of adultery with the wife or husband of the petitioner.

[Section 34, Divorce Act.]

(2) The court may direct in what manner the damages recovered on any such petition are to be paid or applied, and may direct the whole or any part of the damages to be settled for the benefit of the children, if any, of the marriage, or as a provision for the maintenance of the wife, or husband.

[Section 39, 3rd yam, Divorce Act.]
[Cf. section 30, M.C.A., section 41(2)(b), S.M.A.]