Overview
- The Supreme Court's 2nd Petty Bench overturned the Takamatsu High Court judgment and remanded the case for new proceedings, a decision issued Friday.
- The dispute began when an ex‑husband sued his wife's affair partner for 3.3 million yen, saying the affair forced the divorce; a district court dismissed the claim but the high court later ordered about 550,000 yen in compensation.
- The top court said lower courts must re-examine two linked issues: whether the marriage had already broken down and whether the affair partner had reasonable grounds to believe the wife would divorce.
- Chief Judge Akira Ojima and other justices probed those factual questions during April 10 oral arguments, focusing on whether the defendant's reliance on the wife's statements amounted to negligence.
- The remand could settle a long-running split in Japanese rulings on adultery damages, including a 1979 2nd Petty Bench case, and it may change how easily third parties become liable for compensation.