⚖️ Legal Learning Shri Ganpati Jurists – Delhi High Court
Case: Shelly Mahajan v. Ms. Bhanushree Bahl & Anr
📌 Key Principle:
A civil suit for damages against a third party (lover) for Alienation of Affection is maintainable before a Civil Court, not the Family Court.
📝 Court’s Key Findings
1️⃣ Maintainability of Suit
A spouse can claim damages against a third party for wrongful interference in marriage.
The suit lies before a Civil Court, since it concerns tortious liability, not matrimonial reliefs under the Family Courts Act.
2️⃣ Elements to Prove Alienation of Affection (AoA):
Intentional & wrongful conduct by defendant aimed at disrupting marital relationship.
Causation link between defendant’s conduct and the loss of consortium/companionship.
Loss suffered must be capable of rational assessment in damages.
3️⃣ Spousal Liberty Preserved
If the spouse’s choice is voluntary, uncoerced, and independent, no liability attaches to the third party.
4️⃣ Nature of AoA Tort
Derived from Anglo-American common law (heart-balm torts).
Recognised in principle by Indian courts but not yet evolved into substantive law with remedies.
5️⃣ Parallel Proceedings
Divorce proceedings do not bar a separate civil suit for damages.
Relief under matrimonial law is distinct from compensation for tortious interference.
6️⃣ Impact of Joseph Shine (Adultery Case)
Adultery decriminalised but can still have civil consequences (e.g., damages claim).
📖 Court’s Observation
A spouse has a protectable interest in marital consortium, intimacy, and companionship.
A third party must not wrongfully interfere to alienate such affection.
However, monetary damages may not restore the marriage, only compensate for injury.
✅ Legal Takeaway:
This is one of the first Indian cases explicitly recognising the maintainability of a civil action for Alienation of Affection.
It opens the door for spouses to seek compensation against a third party interfering in marriage, even though substantive law and remedies are still evolving.
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