Delhi High Court: Adultery not a crime, but spouses can seek compensation for broken marriage
PTC Web Desk: The Delhi High Court on Monday clarified that adultery, or extramarital affairs, is not a criminal offence in India. However, it can serve as a valid ground in divorce and matrimonial disputes, and the affected spouse has the right to seek financial compensation for emotional and marital damage.
Justice Purushaindra Kumar Kaurav observed that a husband or wife can file a lawsuit against their partner’s lover for alienating affection and causing harm to the marriage. “Although adultery is no longer a criminal offence, its consequences can be severe, and damages may be sought through civil remedies,” the court said.
The case stems from a petition filed by a woman against her husband’s alleged partner, seeking compensation for emotional distress and loss of consortium. The woman married in 2012 and had twins in 2018. She alleged that her husband grew close to another woman who joined his business in 2021, frequently accompanying him on trips. Despite family interventions, the relationship continued, and her husband later filed for divorce.
The husband and his alleged partner argued that matrimonial issues should be heard in the family court, not the High Court. However, Justice Kaurav ruled that the matter fell under civil law, not family court jurisdiction, since it involves claims for damages.
During the hearing, the Bench referred to the Joseph Shine judgment of 2018, in which the Supreme Court decriminalised adultery by striking down Section 497 of the IPC. The court, however, clarified at the time that decriminalisation did not amount to granting a license for extramarital affairs.
Legal experts note that if this case proceeds, it could become India’s first instance of applying the principle of “Alienation of Affection”—a doctrine that holds a third party legally accountable for deliberately breaking the love and trust within a marriage.
The Supreme Court in 2018 had declared Section 497 unconstitutional, observing that treating adultery as a criminal offence was archaic and discriminatory. Yet, in 2022, a parliamentary panel recommended that adultery be reintroduced as a gender-neutral offence, making both men and women equally liable. If accepted by the government, this recommendation could challenge the landmark Supreme Court ruling.
- With inputs from agencies
