Legal Dictionary of Pakistan

criminal conversation

Hist. A tort action for adultery, brought by a husband against a third party who engaged in sexual intercourse with his wife. -- Abbr. crim. con. "An action (whether of trespass or case is uncertain, Vnrt probably trespass) formerly lay against one who ir,,i committed adultery with the wife of the plaintiff. It wa, known as an action for criminal conversation. The wit, . consent was irrelevant. The action was distinct from thrit of enticement: one may commit adultery without enticing a wife away from her husband. The action was n, doubt a necessity when divorce could only be obtained be Act of Parliament: as Parliament was not a tribuirnl suitable for trying allegations of adultery it was rea-uable to require the petitioner to establish the truth of in, allegations before a court of law. The action might .:,so have been justified on the ground that the plaintiff i• in substance complaining of the invasion of privacy of his marriage, and the insult thereby caused to his honour a, a husband." R.F.V. Heuston salmond on the law of torts 358 (17th ed. 1977)