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Can You ‘Sue’ Your Mother-In-Law For ‘Interfering’? Lawyer Explains Delhi HC Ruling: ‘Mummy Ji, Bach Ke Rehna’

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If a third party tries to damage a couple’s love or affection, the affected spouse has the right to file an Alienation of Affection (AoA) case against them.

Alienation of Affection will allow spouses to claim compensation who interfere in their marriage. (Photo Credits: Instagram)

Alienation of Affection will allow spouses to claim compensation who interfere in their marriage. (Photo Credits: Instagram)

The Delhi High Court are set to pass an important judgment that can change how couples handle interference in their marriages. According to the court, if a third party tries to damage a couple’s love or affection, the affected spouse has the right to file an Alienation of Affection (AoA) case against them. This decision will allow spouses to claim compensation from anyone who interferes in their marriage. A lawyer highlighted an interesting angle by asking if even a mother-in-law (MIL) can be held responsible if she causes conflicts between her son and his wife, or her daughter and her husband.

In a social media post, the lawyer added the floating text ‘‘Mummy ji (MIL) thoda bach ke rehna please” and warned MIL to avoid creating tension that can harm the marriages of their children. The expert also explained the main points of an AoA claim and provided guidance on how someone can register such a case.

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Lawyer Warns MILs Against Creating Marital Tension

Taking to Instagram, the lawyer wrote, “This is very common outside India but In India courts are and may further consider this ground to file a civil suit, after the Delhi High Court ruled such claims are maintainable, allowing a spouse to sue a third party for interfering with their marriage court.”

“Key Aspects of an Alienation of Affection Claim: Intentional Interference: You need to demonstrate that the mother-in-law or third party acted with the intent to destroy the marital relationship. Causation: You must show a clear link between there actions and the breakdown of your marriage. Loss of Affection: It’s not enough that the marriage is strained you must prove a genuine love and affection were present before there interference and were subsequently destroyed,” she added.

To register an Alienation of Affection claim, the first step is to consult a lawyer who is familiar with such laws in India. They can help with the process. Next, start gathering evidence to support your case. This can include witness statements from friends, family or counsellors, photos or videos showing affection in your marriage and messages or records that show attempts by your mother-in-law or any third party to spread negativity. Once your evidence is ready, you can file a lawsuit in a civil court. Through this process, you can demand monetary damages.

Social Media Reacts To The Introduction Of Alienation of Affection

Reacting to the post, a user wrote, “Everything is alright, but when the husband himself involves the third party, then no court will work.”

Another shared, “MIL, SIL and their husbands are the major reason for broken marriages.”

“Courts these days are just trying to make business out of small family personal affairs,” a comment read.

An individual stated, “A daughter-in-law came between a mother and her son… What if the mother-in-law does something like this?”

Another asked, “Are we considering both MIL here or only as always it’s the mother of the son.”

One more added, “If such judgment comes, it will drastically reduce divorce cases in India.”

According to the lawyer, the final judgment on this new law is still pending, but they believe that Alienation of Affection could become a game-changing legal tool.

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