Delhi High Court allows spouses to claim damages from partner’s boyfriend or girlfriend for breaking marriage
New Delhi (The Uttam Hindu): In a landmark ruling, the Delhi High Court has clarified that if a third party intentionally interferes with a marital relationship and breaks it, the aggrieved spouse can sue the partner for damages. The court has deemed this a civil tort, terming it "alienation of affection."
This important decision was given by the bench of Justice Purushendra Kumar Kaur while hearing the petition of a woman, in which she had demanded compensation of Rs 4 crore from her husband's alleged girlfriend.
According to the petition, the couple married in 2012 and welcomed twins in 2018. Shortly thereafter, the accused woman began working as an analyst at her husband's company and, despite knowing he was married, developed a close relationship with him. This strained their relationship, and in 2023, the husband filed for divorce on the grounds of cruelty. In response, the wife approached the High Court this year, accusing her girlfriend of ruining their marriage and seeking damages.
Advocate Malvika Rajkotia, appearing for the wife, argued that every wife has the right to the affection and companionship of her husband, which was deliberately snatched away by the accused woman.
Meanwhile, the husband's lawyer, Prabhjeet Johar, and the girlfriend's lawyer, KC Jain, opposed the lawsuit. They argued that the case was merely a "retaliatory strike" against the divorce proceedings. They also said that while the adultery case is already before the family court, another proceeding on the same issue cannot be initiated.
The court rejected the defendants' arguments, stating that matrimonial laws, such as the Hindu Marriage Act, do not provide any remedies against a third party. Therefore, when there is no legal bar, the aggrieved party can seek damages in civil court.
Justice Kaurav said, "This claim falls squarely within the jurisdiction of an ordinary civil court. The pendency of a divorce case in the family court will not be a bar to filing a separate civil suit for damages."
The judgment also stated that while the personal freedom to end or change a relationship is not a crime, it can have civil consequences. The court clarified that if a spouse claims damages resulting from the breakdown of a marriage, the law recognizes that compensation may be sought from the perpetrators of that damage.
However, the court clarified that third-party liability arises only if there is intentional wrongful interference. If the spouse enters into the relationship voluntarily, the third-party's liability may be extinguished.