Spouse can sue partner's lover for damages: HC

{ 24 CRORE LAWSUIT OVER AFFAIR

- Shruti Kakkar

A spouse can sue an alleged paramour for damages if their wilful interference damaged the marriage, the Delhi high court has held, while issuing summons ina suit where a wife has sought ₹4 crore in damages for alienation of affection (AoA) from her husband's alleged paramour.

AoA is a tort (civil wrong) , originating in Anglo-American common law, allowing a spouse to seek monetary compensation from a third party accused of breaking up a marriage or causing loss of affection. These “heart balm” torts are not codified under any Indian law.

Justice Purushaindra Kumar Kaurav, in an order delivered Monday and later released, noted that Indian matrimonial laws, including the Hindu Marriage Act, provide no remedy against a third party before a family court. In such cases, he said, a civil court can hear claims for damages over wrongful interference.