Overview

• Justice Purushaindra Kumar Kaurav held that a spouse may sue a third party for intentional, wrongful interference that alienates marital affection.
• The Court issued summons to the husband and the alleged paramour in Shelly Mahajan’s suit seeking ₹4 crore in damages against Bhanushree Bahl.
• The judgment outlines three elements for such claims: deliberate wrongful conduct, clear causation of a legally cognisable injury, and losses capable of rational assessment.
• The Court said these uncodified Anglo‑American “heart‑balm” claims are not barred by the decriminalisation of adultery in Joseph Shine, which did not preclude civil consequences.
• The Court noted that no Indian court has yet awarded damages solely for alienation of affection, leaving remedies and procedures to be developed as the case proceeds.