Tue Oct 07 03:00:00 UTC 2025: **Summary:**
The Delhi High Court has ruled that spouses can sue third parties for interfering in their marriage and causing its breakdown, opening the door for “Alienation of Affection” (AoA) lawsuits in India. This revives an old legal concept allowing a spouse to seek damages from a third party (typically a lover) for intentionally disrupting the marriage and causing a loss of affection and companionship. The court clarified that while adultery is decriminalized, it still carries civil consequences, and a third party’s wrongful interference in a marriage can be grounds for a civil tort claim. The ruling sets a three-fold test for such claims, requiring proof of intentional misconduct by the third party, a clear link between that conduct and the injury to the aggrieved spouse, and a rational assessment of the loss claimed. The High Court clarified that civil courts, not family courts, have jurisdiction over these tort claims against third parties.
**News Article:**
**Delhi High Court Opens Door for “Alienation of Affection” Lawsuits, Allowing Spouses to Sue Affair Partners**
**New Delhi, October 7, 2025** – In a landmark ruling, the Delhi High Court has paved the way for spouses to seek damages from third parties who interfere in their marriage with malicious intent. The decision, stemming from the case of *Shelly Mahajan versus MS Bhanushree Bahl & Anr*, revives the concept of “Alienation of Affection” (AoA), allowing an aggrieved spouse to sue their partner’s alleged lover for causing the breakdown of the marriage.
The court clarified that while adultery is no longer a criminal offense in India following the Supreme Court’s 2018 verdict in *Joseph Shine versus Union of India*, it still carries civil consequences. The ruling emphasizes that if a third party intentionally and wrongfully interferes in a marriage, causing a loss of affection and companionship, the aggrieved spouse has the right to seek compensation through a civil tort claim.
To successfully pursue an AoA lawsuit, the court outlined a three-pronged test:
1. **Intentional and wrongful conduct** by the third party aimed at alienating the marital relationship.
2. A **clear link of causation** between that conduct and a legally recognizable injury to the aggrieved spouse.
3. The **loss claimed** must be susceptible to rational assessment.
The High Court also clarified that these AoA claims fall under the jurisdiction of civil courts, not family courts, as the interference by a third party constitutes an independent civil injury.
Legal experts Shubham Shukla and Kartikey Singh believe this ruling is a significant step towards recognizing civil recourse for spouses harmed by third-party interference in their marriages, offering a potential path to justice in cases where such harm has been demonstrably caused. The ruling is expected to have far reaching implications on marital law in India.
First Piper 