Delhi High Court Allows Spouse to Sue Partner’s Lover for Compensation for Intentional Interference

The Delhi High Court has held that a spouse can sue their partner's lover for monetary compensation, even though adultery is no longer a criminal offence.

The court clarified that while the Supreme Court decriminalized adultery, it did not create a license for individuals to engage in intimate relationships outside of marriage without civil consequences.

The court discussed the concept of "Alienation of Affection," a civil wrong that allows an aggrieved spouse to sue a third party for intentional interference in their marriage.

The court stated that such a suit can be filed in a civil court, not a family court.

[Shelly Mahajan v Sanjay Kumar Mahajan & Anr.]