Mohamed Hisham Faiz vs Alles Dilkush Chandrani Bernedette – SC APPEAL 10/2018-2024

In the case between Alles Dilkush Chandrani Bernedette (plaintiff) and Velu Sridharan (defendant), with Mohamed Hisham Faiz as co-defendant, the court addressed whether a defendant in a divorce action may seek damages against a co-defendant for adultery without concurrently pursuing divorce from the spouse. The findings established that such a claim for damages is permissible in the same proceedings without a corresponding prayer for divorce. This conclusion reaffirmed the principle that civil claims for damages based on adultery, including loss of consortium and injuria, may be joined in a matrimonial action in adherence to the Civil Procedure Code and supported by established authorities such as Premanie v. Leelaraja and Senadipathi v. Senadipathi. The decision clarified that no misjoind