Delhi HC: Spouse Can Sue Partner’s Lover for Damages in Marriage Interference
The Delhi High Court has ruled that a spouse has the right to sue her partner’s lover and seek monetary compensation for interfering in her marriage and causing loss of affection and companionship.
Justice Purushaindra Kumar Kaurav clarified that while adultery is no longer treated as a crime in India after the Supreme Court’s Joseph Shine judgment, it can still lead to civil consequences. A person affected by the breakdown of marriage due to a third party’s actions can claim damages under tort law.
The Court observed that although personal liberty allows individuals to make choices, such conduct may result in civil liability if it disrupts the sanctity of marriage. Compensation can be sought by the aggrieved spouse from the alleged paramour for causing a breach of marital trust.
Importantly, the Court stated that such claims must be filed in a civil court and not a family court since the damages are claimed against the paramour and not the spouse.
The ruling came while upholding a wife’s case against another woman whom she accused of destroying her marriage. The plaintiff, married in 2012 and mother of twins born in 2018, alleged that her husband developed a close relationship with the defendant after she joined his business in 2021. Despite family intervention, the affair allegedly continued, leading her husband to openly appear with the defendant and later file for divorce.
The wife then filed a civil suit claiming damages for emotional distress and loss of companionship under the rarely invoked tort of alienation of affection (AoA), also known as a “heart-balm” claim.
The defendants argued that the case was not maintainable before the High Court and should fall under the Family Courts Act. However, the Court rejected this contention, noting that Indian courts have previously recognized the concept of AoA as an intentional tort.
The Court emphasized that unless a statutory bar exists, a civil action based on tort cannot be dismissed. It added that whether the defendant’s conduct actually caused the marriage breakdown would be determined during trial.
Accordingly, the Delhi High Court issued summons in the matter, allowing the case to proceed.
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