Adultery No Longer Crime, But Spouse Can Sue Partner’s Lover For Compensation: Delhi HC

Last Updated:September 22, 2025, 23:59 IST

The Delhi High Court said the spouse can claim monetary compensation on the basis of interference in marriage, causing loss of affection and companionship

The Delhi High Court observed although adultery is no longer a crime, it can still have civil consequences. (Image for representation: News18)

The Delhi High Court recently held that while adultery may no longer be a criminal offence, it can still have civil consequences and a spouse can claim monetary compensation from the partner’s lover.

The court said this can be claimed by the spouse on the basis of interference in marriage, causing loss of affection and companionship. 

According to a report by Bar and Bench, Justice Purushaindra Kumar Kaurav said although adultery is no longer a crime, it can still have civil consequences. A person who suffers harm from the breakdown of their marriage may seek damages against a third party for causing that disruption, the judge said. 

“Individuals may hold certain expectations from the sanctity of marriage. While the exercise of personal liberty is not criminal and, therefore, cannot attract penal sanction by the State as a matter of public offence, such conduct may nevertheless give rise to civil consequences. 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 Delhi HC was quoted as saying in a September 15 order.

A decision of the Supreme Court in the case of Joseph Shine had decriminalised adultery, but this case can become India’s first to test “enforceability of alienation of affection claims in civil law”, the report said.

Justice Kaurav said though adultery has been decriminalised, it does not give an individual the licence to have extramarital affairs, which are free from civil or legal implications. The court held that such cases will be examined in a civil court and not a family court. 

“The court is of the considered opinion that the instant lis is wholly regarding civil rights related to tort, and the civil court retains the jurisdiction,” Justice Kaurav was quoted.

The report said Justice Kaurav while making these observations, upheld the maintainability of a woman’s suit against another woman whom she accused of breaking her marriage.

WHAT IS THE CASE?

The case pertains to a woman, who got married in 2012, but she started having problems in her relationship after another woman joined her husband’s business in 2021. She alleged this woman formed a close relationship with her husband, accompanied him on trips and became his regular social companion. Despite family intervention, the affair allegedly continued with her husband openly appearing with her before eventually filing for divorce.

ON WHAT BASIS DID THE WOMAN FILE THE SUIT?

The report said in her suit, the woman sought damages for emotional harm and loss of companionship, “invoking the rarely applied tort of alienation of affection (AoA)”, which is known to be a “heart-balm” claim rooted in Anglo-American common law. 

WHAT DID THE HIGH COURT SAY?

The high court ruled that while Indian law does not expressly recognise AoA, “courts have previously acknowledged it as an intentional tort in theory”. 

“Unless the defendants show a statutory bar, a civil action based on tort cannot be rejected outright,” the court was quoted, adding that whether the defendant woman’s actions caused marital breakdown will be decided at trial.

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