Delhi High Court Allows Spouses to Sue Partner’s Lover for Adultery-Related Interference

Court clarifies that civil damages can be sought under “alienation of affection” if interference is intentional, while voluntary choices by the unfaithful spouse limit liability.

Agencies, New Delhi, September 23, 2025 :  In a landmark civil ruling, the Delhi High Court has held that a married person can file a civil suit seeking damages from their partner’s lover for intentionally interfering in the marriage and causing its breakdown. The judgment, delivered by Justice Purushaindra Kumar Kaurav on September 15, recognized claims under the common law tort of “alienation of affection” (AoA), allowing spouses to seek compensation from third parties alleged to have disrupted marital relationships.

The court clarified that for such a claim to succeed, the petitioner must establish intentional and wrongful conduct by the third party aimed at alienating the marital relationship. There must also be clear causation linking the alleged interference to the harm suffered, and any loss claimed should be based on a rational assessment. “A spouse is held to possess a protectable interest in marital consortium, intimacy, and companionship. The correlative legal duty would be that any third party must not intentionally and wrongfully interfere with that relationship,” the court stated.

However, the court made clear that damages cannot be claimed if the unfaithful spouse’s actions were “completely voluntary, not induced and uncoerced,” as individuals have the inherent ability to make personal choices.

The case before the court involved a wife seeking Rs 4 crore in damages from her husband’s alleged lover. The couple had married in 2012 and had twin children in 2018. According to the petitioner, her husband’s relationship with a professional associate began in 2021, with the third party accompanying him on trips and appearing with him in public, despite family interventions. Following the public relationship and eventual divorce filing by the husband, the wife filed the civil suit alleging emotional harm and loss of companionship caused by the paramour’s interference.

The defendants contended that matters related to adultery and marriage fall under the exclusive jurisdiction of Family Courts. The husband argued that the High Court could not entertain the suit, while the alleged paramour claimed she owed no legal duty as an outsider to the marital relationship.

Rejecting these arguments, the court held that the proceedings pertain to civil rights under tort law, distinct from matrimonial disputes under the Family Courts Act. Citing the Supreme Court’s 2018 Joseph Shine judgment that decriminalized adultery, Justice Kaurav emphasized that while the State cannot criminalize private intimate choices, there is no legal license to engage in extramarital relationships free from civil consequences. “The decision in Joseph Shine decriminalized adultery; it did not create a license to enter into intimate relationships beyond marriage, free from civil or legal implications,” the judgment noted.

The court’s observations were limited to the maintainability of the suit and did not address the merits of the case, leaving that determination for trial.

Alienation of Affection, originating in Anglo-American common law, recognizes a spouse’s right to seek damages when a third party intentionally disrupts marital companionship. Applying this principle, the Delhi High Court has signaled a potentially precedent-setting approach in India, allowing civil claims against partners’ lovers without criminalizing adultery.

Advocates representing the petitioner included Malavika Rajkotia, Purva Dua, and Mayank Grover. The defendants were represented by K.C. Jain for the alleged paramour, and Prabhjit Jauhar, Tulika Bhatnagar, and Sehaj Kataria for the husband.

Case Title: SHELLY MAHAJAN v. MS BHANUSHREE BAHL & ANR

Bench: Justice Purushaindra Kumar Kaurav

Judgment Date: 15 September 2025