'Alienation of Affection': A New Civil Remedy for Marital Interference in India?
UPSC Relevance
Prelims: Indian Polity and Governance (Judiciary, Fundamental Rights - Article 21, Key Legislations like IPC/CPC, Hindu Marriage Act); Basic Legal Concepts (Tort Law).
Mains:
General Studies Paper 1 (Society): Salient features of Indian Society; Role of women and women's organization. The changing nature of the institution of marriage and individual rights.
General Studies Paper 2 (Polity & Governance): Structure, organization and functioning of the Judiciary; Dispute redressal mechanisms and institutions.
General Studies Paper 4 (Ethics): Ethical dimensions of marital relationships, privacy, and individual autonomy.
Key Highlights from the News
A significant Delhi High Court ruling states that a partner can file a civil case seeking compensation against a third party who maliciously interferes to break a marriage.
The court has revived a rarely used common law tort (civil wrong) known as "Alienation of Affection" (AoA) through this judgment.
In the Joseph Shine case (2018), the Supreme Court had decriminalised adultery, making it no longer a criminal offense. However, it was clarified then that it would continue to be a civil wrong and a ground for divorce.
Marriage laws (e.g., Hindu Marriage Act) address disputes between spouses. However, these laws do not provide for filing a case against a third party. This legal gap is what the new judgment seeks to fill.
The High Court also clarified that such cases should be heard by civil courts, not family courts.
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