The Delhi High Court has ruled that a spouse is entitled to institute a civil action for damages against their partner’s lover for unlawfully intruding upon the sanctity of marriage, thereby causing what is known in legal parlance as “alienation of affection.” In Shelly Mahajan v. Bhanushree Bahl & Anr., Justice Purushaindra Kumar Kaurav observed that such a tortious claim is legally tenable, provided the aggrieved party is able to properly set out and prove the essential elements of the wrong.

For a claim of this nature to succeed, it must be demonstrated that the defendant intentionally and unjustifiably interfered with the marital relationship in a manner designed to estrange the affection of one spouse from the other, that this intrusion resulted in a cognisable injury such as the loss of companionship, intimacy, or consortium, and that the damages sought are reasonably ascertainable.

Although Indian statutory law does not specifically codify alienation of affection as a tort, the Court underscored that judicial recognition of the concept exists. However, it also acknowledged that Indian courts have not yet evolved a comprehensive framework for awarding damages exclusively on this ground, nor have they articulated detailed procedural standards to guide such actions.

The judgment further clarified that these claims fall within the jurisdiction of Civil Courts and are not rendered untenable merely because matrimonial proceedings are simultaneously pending. While certain facts may overlap, a civil action for wrongful interference stands on a distinct footing from remedies available under matrimonial law.

The Court has distinguished civil liability from criminal culpability. While referring to the Supreme Court’s decision in Joseph Shine, which decriminalised adultery, the Bench emphasised that the absence of criminality does not shield such conduct from civil consequences. Decriminalisation, the Court noted, cannot be interpreted as a licence for third parties to disrupt a marriage with impunity.

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