ADULTERY AS AN OFFENSE AND GROUND FOR DIVORCE IN ANGLOPHONE CAMEROON

CHAPTER ONE

GENERAL INTRODUCTION      

1.1.   Background of The Study

 Adultery is a sexual relation between a married person and someone other than the spouse. written or customary prohibitions or taboos against adultery constitute part of the marriage

code of virtually every society. Indeed, adultery seems to be as universal and in some instances as common as marriage.

The code of Hammurabi [18^th century] in babylonia provided a punishment of death by drowning for adultery. In ancient and in Roman law, an offending female spouse could be killed. The Jewish, Islamic and Christian traditions are all unequivocal in their condemnation of adultery. The capability of both men and women is more explicitly expressed in the new testament and the tarmud than in the old testament or the Quran in the old testament or the Quran in strict interpretation of Islamic law or Shariah men and women are equally liable to harsh punishments for adultery including death by stoning. A punishment still applied in the 21^st century including Iran and Afghanistan.

 There are many societies in which marriage is considered a less permanent arrangements and in which extramarital sex is less sternly condemned. In other words attitudes toward adultery vary widely between cultures whereas the traditional senufo and Bambara of West Africa for example, tacitly condone the honour crime of killing the adulterous female spouse and her companion, among the Kaka in Cameroon a man may have sexual relations with the wives of certain relatives with impunity.Wife lending was a long part of inuit hospitality.

In Cameroon adultery does not in itself constitute a ground for divorce. Both partners must testify under the principle of general breakdown that the offense resulted in the decline of those feelings of which marital unity is composed the concept of marital breakdown.                                                                                                                                                               

1.2.   STATEMENT OF THE PROBLEM

Early studies helped with the understanding of the nature of  adultery an the effect of adultery on marriagdes, children, and the society. the term  adultery has an Abrahamic origin, through the concept predates Judaism and is found in many othe socialties . though the definition and consequences vary between religions , cultures ,and lagal jurisdiction [1]the definition od adultery is given in general[2] the concept is similar in Judaism, Christianity , and Islam. Hinduism also has a similar concept [3]historicaly adultery has been considered to be a serious offence by many cultures. Even in jurisdiction where adultry is notin itself  a criminal offence ,it may stillhave legal consequences, particulary in divorce cases . for example , where is fault-based family law ,it  almost always constitutes group of divoice , it may be a factor to consider in a property settulement, it may affect the status of children, the custody of children ,etc moreover , adultery could could result in social ostracism in some parts of the world.

It  has been observed that sexual relation has found basis off social relationship in almost all the civilized society in the world. Therefore ,there is strict social sanctions had been imposed on formation, continuation and regulation of sexual relationship in the societ at any given moment of time.   in Cameroon, there are so many adulterous acts which are being committed by parties or spouses but have gone unnoticed in several cases. What are some instances which can cause parties to commit adultery.

RESEARCH QUESTIONS

1. What are the effects of adultery in the society?
2. How is adultery considered as an offense in Cameroon?
3. What has the government done to save the increasing rate of adultery?
4. What measures can be put in place to ensure a complete end to adultery in Anglophone Cameroon?