Cheating Your Spouse? Your Lover Might Have to Pay: Delhi HC Bombshell

New Delhi (Uttam Hindu News: The Delhi High Court has clarified that while extramarital affairs are no longer considered criminal offenses in India, they may still carry significant civil consequences. In a recent ruling, Justice Purushaindra Kumar Kaurav held that a spouse can file a lawsuit against their partner’s lover (paramour) for causing harm to the marriage, seeking compensation for loss of affection, companionship and emotional distress.

The case in question involves a woman who married in 2012 and had twins in 2018. She alleged that in 2021, her husband’s working relationship with another woman turned close and involved frequent interactions, travel, and socializing—even after the affair was discovered. She says this conduct led to her losing affection and companionship from her husband. When confronted, the paramour allegedly refused to end the relationship and the husband later filed for divorce.

When the plaintiff filed a civil suit seeking monetary damages, the defendants claimed that matrimonial disputes should only be dealt with in Family Courts, and that since the husband had already filed for divorce, parallel proceedings should not be allowed. However, Justice Kaurav disagreed. The court held that a civil court can entertain a tortious claim (called “Alienation of Affection”) against a third party, because the alleged injury is separate from purely matrimonial remedies.

The judgment emphasised that although adultery was decriminalised by the Supreme Court in the Joseph Shine case, this does not mean extramarital relationships are free from all legal consequences. Personal liberty is not criminal, but civil law may provide relief where actions of a third party contribute to the breakdown of the marital relationship.

By issuing summons in this suit, the Delhi High Court has indicated that spouses now have a legal avenue to seek damages from a paramour for what is called alienation of affection—a tort recognizing emotional and non-physical harm to marriage through wrongful interference. Such claims are rare and have only just begun to be acknowledged in Indian jurisprudence.