Can a third party be held responsible for marital disruption

• The Delhi High Court has allowed spouses to seek damages from third parties who interfere in their marriage, a case stemming from Shelly Mahajan versus MS Bhanushree Bahl & Anr.

• This marks the revival of the concept of Alienation of Affection (AoA) in India, which could impose liability on those who cause marital breakdowns.

• AoA allows for spouses to sue third parties for interference in their marriage, though Indian law does not explicitly codify or prohibit it.

• In previous rulings, the Supreme Court recognized that AoA could be considered an intentional tort, potentially applicable to children against those who alienate their parent.

• In the U.S., AoA claims still exist in a few states, requiring proof of love, its loss, and malicious intent by a third party, while many states have abolished such claims.

• The Supreme Court’s 2018 ruling in Joseph Shine decriminalized adultery but stated it remains a civil wrong, with potential implications for tort claims.

• The Delhi High Court clarified that existing matrimonial laws, like the Hindu Marriage Act, 1955, do not provide remedies against third-party interference, allowing for such civil tort claims.

• A three-fold test for AoA claims was established: intentional wrongdoing by the paramour, a causal link to the injury, and quantifiable loss.

• The court determined that family courts handle matrimonial matters, but tort claims against third parties must be addressed in civil courts.

• This ruling signifies a legal pathway for spouses seeking justice from interventions in their marriages, underscoring the balance between personal autonomy and marital rights.

Third party marital liability is important topic for Civil service exam (WBCS).

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