Section 7 of the Adultery and Enticement Act 1988 imposes one of the shortest limitation periods in Papua New Guinean law.
An action under this Act shall be brought not later than six months after the day when the act of adultery or the enticement, complained of, was committed.
Six months
The Act exists to regulate these disputes as a matter of national interest — to bring them into the District Court quickly, settle them, and end them.
A long limitation period would work against that. Old grievances kept alive for years are exactly what causes the escalation the Act was passed to prevent, and evidence of a specific act does not improve with age.
Six months is long enough for an aggrieved spouse to learn of the matter, attempt a private resolution, and file — but not long enough for the dispute to fester.
Section 7(2) — several acts treated as one
Where by virtue of section 4(2) acts of adultery are regarded as one act of adultery, the six-month period shall commence to run on the day next following the day when the last of those acts of adultery was committed.
| Situation | Time runs from |
|---|---|
| A single act of adultery | The day the act was committed — s 7(1) |
| Several acts between the same persons, treated as one under s 4(2) | The day after the last of those acts — s 7(2) |
| Enticement | The day the enticement was committed — s 7(1) |
Section 4(2) treats all acts of adultery between the same persons before the action begins as one act. If time then ran from the first of them, a relationship continuing for a year would already be out of time before the aggrieved spouse learned of it.
Section 7(2) starts the clock at the last act. A continuing affair therefore remains actionable so long as it continues, and for six months afterwards.
Note the limits of the rule: it applies to acts between the same persons. Adultery with a different person is a separate act, with its own six months.
Section 7(3) — the three-month extension
Where in the opinion of the Court, a person has reasonable cause for not bringing an action within the period specified under subsection (1), the Court may permit the person to bring the action after the expiry of that period — but in any event not later than three months after the expiry of that period.
The extension is capped. Six months under subsection (1), plus at most three months under subsection (3) — and the words “in any event” make that absolute. The Court has no power to go beyond nine months, however good the reason.
Within that window the Court has a discretion (“may permit”), exercisable where in its opinion the person had reasonable cause for the delay.
Not knowing. The commonest case — the aggrieved spouse learned of the matter only after the six months had passed.
Absence. Working away, or living in another province or country, so that filing was not practicable.
Illness or incapacity. Which may also engage section 6(b), allowing a relative to bring the action on the person’s behalf where they are unable or incapable of bringing it and of giving permission.
Attempted settlement. Time spent on customary or family mediation. The Act favours settlement — section 10(1) requires the Court itself to endeavour to have the action settled by mediation before hearing it, and section 16(c) requires the Court to take into account whether payment of compensation according to custom has been made.
The limitation period in context
| Provision | Limit |
|---|---|
| This Act, s 7 | Six months, extendable to nine on reasonable cause |
| Lukautim Pikinini Act 2015, s 112 | No proceeding under Part XII may be commenced after the child attains 18 |
| Matrimonial Causes Act, s 31 | No petition for dissolution within three years of the marriage, without leave |
| Adoption of Children Act, s 17 | A consent may be revoked within 30 days, or before the order, whichever is earlier |
The practical advice is simple: an aggrieved spouse who intends to claim should file in the District Court promptly. Where the six months has run, the application under section 7(3) should be made without further delay, since the three-month extension is itself an outer limit and the Court must be persuaded that the earlier delay had reasonable cause.
Note that section 7 is the only limitation provision in the Act. It applies equally to an action for enticement under section 5, to an action for adultery under section 4, and to an action brought by a relative under section 6.
Sources
- Adultery and Enticement Act 1988 — ss 4–7, 10, 16
- Lukautim Pikinini Act 2015 — s 112
- Matrimonial Causes Act (Chapter 282) — s 31
- Adoption of Children Act (Chapter 275) — s 17
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.