The Thai Constitutional Court has made a significant ruling, removing contradictions between the Civil Code and the Constitution. This ruling now allows wives to take legal action against their husbands’ lovers.
The Bangkok Post reported that wives could sue mistresses and their husbands’ lovers after the Thai Constitutional Court’s ruling on the Civil Code came into effect.
The Constitutional Court, in a ruling on Tuesday, declared that Article 1523 of the Civil Code was in violation of Article 27 of the Constitution. This article safeguards the rights and freedoms of all Thais, irrespective of their gender. The court has ordered the ruling to be enforced within 360 days.
Article 1523 of the Civil Code provided that husbands could sue their wives’ lovers, and wives could sue other women who publicly display intimacy with their husbands.
The Secretary-General of the Office of the Ombudsman said he had asked the court to rule on the legality of Section 1523 because it only allowed wives to sue female lovers.
Currently, husbands could sue their wives’ lovers regardless of their gender, and there was no requirement for public expression of intimacy, the Ombudsman said. Tuesday’s Constitutional Court ruling will correct this imbalance once it comes into force.
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