Overview

• Justice Purushaindra Kumar Kaurav held that a spouse may sue a third party for intentional interference in a marriage under the tort of alienation of affection.
• The court said civil courts have jurisdiction over such damages claims and that pending matrimonial proceedings before a family court do not bar a separate civil action.
• To succeed, the plaintiff must prove intentional and wrongful conduct aimed at alienating the marriage, a clear causal link to a legal injury, and a loss that can be rationally assessed.
• Citing Joseph Shine, the court noted that adultery’s decriminalisation does not eliminate potential civil consequences for third parties, while voluntary choices by the married spouse can defeat liability.
• The order, issued in Shelly Mahajan v. Bhanushree Bahl & Anr, emphasised that Indian courts have acknowledged the concept in principle but have not yet awarded damages solely on this basis, and the case will now proceed on merits.