The story so far:
R
ecently, the Delhi High Court (HC), in a first-of-its-kind move in Shelly Mahajan versus MS Bhanushree Bahl & Anr, has opened the door for spouses to seek damages, in the civil sphere, from third parties who interfered in their marriage with malafide intention, causing its breakdown. Overruling the objections to the suit’s maintainability, the High Court issued summons in a wife’s suit seeking damages for Alienation of Affection (AoA), against her husband’s alleged affair partner. The decision revived an old Anglo-American concept, long abolished globally, putting the spotlight on a rarely tested legal idea in India. Seen as sidestepping the Supreme Court’s mandate in Joseph Shine versus Union of India, it also raises fresh questions on whether Indian civil courts can impose liability for third-party interference in marriage.
