Can a third party be liable for marital disruption?, Pg8

Key Highlights:

• The Delhi High Court has allowed spouses to seek damages from third parties who interfere in their marriage with malicious intent, potentially causing its breakdown.
• The ruling in Shelly Mahajan versus MS Bhanushree Bahl & Anr revives the concept of Alienation of Affection (AoA), permitting a wife to sue her husband's alleged affair partner.
• This decision contrasts with the Supreme Court’s decriminalization of adultery in Joseph Shine versus Union of India (2018), which clarified that adultery remains a civil wrong.
• The High Court specified a three-fold test for deciding such claims, including intentional misconduct, clear causation, and rational assessment of loss.

Detailed Insights:

• Alienation of Affection (AoA), a common law tort, allows a spouse to sue a third party for intentionally interfering in the marriage and causing loss of affection and companionship.
• While AoA is not codified in Indian law, the Supreme Court has acknowledged it as an intentional tort, though it has never been used to award damages in India.
• In the United States, most states have abolished AoA lawsuits, deeming them outdated or prone to abuse, while a few states still uphold the tort with strict proof requirements.
• The Joseph Shine verdict decriminalized adultery but did not eliminate its civil consequences, such as grounds for divorce or compensation claims.
• The Delhi High Court clarified that matrimonial laws offer remedies only between spouses, leaving a civil tort claim against a third party open in the absence of a specific legal bar.
• The High Court held that civil courts, not family courts, have jurisdiction over AoA claims, as they are independent civil injuries and not arising from the marital relationship itself.

Key Concepts Involved:

• Alienation of Affection (AoA): A tort allowing a spouse to sue a third party for interfering in their marriage.
• Tort: A civil wrong that causes someone else to suffer loss or harm, resulting in legal liability for the person who committed the tortious act.
• Consortium: The rights and duties resulting from marriage, including companionship, affection, and sexual relations.