Section 6 of the Adultery and Enticement Act 1988 makes a limited concession to the family.
The Court shall permit a relative of a person entitled to bring an action under section 4 or section 5 to bring an action on behalf of that person where the Court is satisfied —
(a) that the relative has the permission of the person to do so; or
(b) that the person is unable or incapable of —
(i) bringing an action; and (ii) giving permission to a relative to do so.
The action remains the aggrieved spouse’s
Section 6 does not give a relative a claim of their own. The relative brings the action on behalf of the person entitled under section 4 or section 5 — that is, the aggrieved spouse.
Everything else follows from that. The compensation caps in sections 12 to 14 apply to actions brought “by the same person or on behalf of the same person”, so a relative’s action counts against the same K1,000 or K500 ceiling. A family cannot multiply the claim by sending in several relatives.
That is deliberate. The Act was passed to regulate these disputes as a matter of national interest, and the risk it addresses is precisely the escalation of a dispute between two people into a claim by two families.
Paragraphs (a) and (b)
| Condition | What the Court must be satisfied of |
|---|---|
| (a) Permission | The relative has the permission of the person entitled |
| (b) Inability | The person is unable or incapable of both bringing an action and giving permission |
Sub-paragraphs (i) and (ii) are joined by “and”. It is not enough that the person cannot bring the action themselves — they must also be incapable of giving permission.
That closes an obvious gap. A person who is unable to litigate but perfectly able to say yes or no falls under paragraph (a), and their decision governs. Paragraph (b) is confined to those who genuinely cannot decide — through serious illness, incapacity, or being untraceable.
Where a person is able to decide and says no, neither paragraph is satisfied, and no relative may sue. The aggrieved spouse’s choice not to litigate is respected.
Once the Court is satisfied of (a) or (b), it shall permit the relative to bring the action. There is no residual discretion to refuse.
But the Court must be satisfied first, so the relative must establish permission, or the inability and incapacity, as a preliminary matter.
“A relative”
Section 1 of this Act defines only “compensation”, “Court” and “spouse”. “Relative” is left to its ordinary meaning.
That is probably intentional. Given the range of kinship structures in Papua New Guinea, a closed statutory list — such as the definition of “relative” in section 1 of the Adoption of Children Act (Chapter 275), confined to a grandparent, brother, sister, uncle or aunt — would fit some families and not others.
The District Court can therefore recognise the relationships that actually exist in the community before it, consistent with Constitution Schedule 2.1, which adopts custom as part of the underlying law.
The practical situations
The aggrieved spouse is absent. Working away, in hospital, or living elsewhere, and unable to conduct proceedings within the six-month period in section 7(1).
The aggrieved spouse is incapacitated. Seriously ill or otherwise unable to instruct or decide — paragraph (b).
The aggrieved spouse prefers a relative to act. Paragraph (a) — permission given, and a family member conducts the case.
Section 6 does not extend time. Section 7(1) requires an action to be brought not later than six months after the act of adultery or enticement.
Where the aggrieved spouse’s absence or incapacity caused the delay, the answer is section 7(3): where in the Court’s opinion a person has reasonable cause for not bringing an action in time, the Court may permit it to be brought late — but in any event not later than three months after the expiry of the six months.
So the outer limit is nine months, whoever brings the action.
An action brought by a relative proceeds like any other: compulsory mediation under section 10, the section 9 defences, proof on the balance of probabilities under section 19, and compensation subject to the statutory caps and to the section 16 assessment factors.
Sources
- Adultery and Enticement Act 1988 — ss 1, 4–7, 9, 10, 12–16, 19
- Adoption of Children Act (Chapter 275) — s 1
- Constitution — Sch 2.1
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.