Adultery No Longer a Crime but Still Has Civil Consequences; Spouse Can Sue Partner's Paramour for Interfering With Their Marriage, Says Delhi High Court
The Delhi High Court bench of Justice Purushaindra Kumar Kaurav said that although adultery is no longer a crime, it can still have civil consequences. He further said that a person who suffers harm from the breakdown of their marriage may seek damages against a third party for causing that disruption.
Recently, the Delhi High Court said that a spouse can sue her partner's paramour and also claim monetary compensation for interfering with their marriage and causing loss of affection and companionship. The high court bench of Justice Purushaindra Kumar Kaurav said that although adultery is no longer a crime, it can still have civil consequences. He further said that a person who suffers harm from the breakdown of their marriage may seek damages against a third party for causing that disruption. "When one spouse claims to have suffered legal injury on account of the disruption of the marital relationship, the law, under tort, recognises that compensation may be sought from those alleged to have contributed to the breach of that sanctified bond," the court said. The Delhi HC further said that though the decision of the Supreme Court in the case of Joseph Shine decriminalised adultery, it did not create a license to enter into intimate relationships beyond marriage, free from civil or legal implications. The court observed while upholding the maintainability of a wife's suit against a woman she accused of breaking her marriage. ‘Father Was a Sex Addict’: Delhi High Court Cancels Bail of Man Accused of Raping Minor Daughter and Forcing Her To Watch Porn.
Delhi High Court Upholds Wife's Suit Against Woman She Accused of Breaking Her Marriage
The Delhi High Court recently held that although adultery is no longer a crime, it can still have civil consequences.
The Court said a spouse can sue her partner's paramour and claim monetary compensation for interfering with their marriage and causing loss of affection and… pic.twitter.com/qzo5BnoljT
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