A civil suit seeking damages for alienation of affection (AoA) against a third party is maintainable before a Civil Court

This decision marks an important shift in Indian tort jurisprudence by affirming the maintainability of civil claims for alienation of affection, a cause of action long recognised in theory but never squarely tested in civil proceedings. While the Court has cautiously limited its ruling to the threshold of maintainability, the recognition that personal autonomy in intimate matters does not exclude civil liability for wrongful third-party interference could pave the way for an expansion of tort remedies into the marital sphere. However, concerns remain over evidentiary burdens, the quantification of damages, and the potential for such claims to be misused as collateral litigation in matrimonial disputes. The case thus opens a new, albeit contested, frontier in the intersection of family law and tort law in India.

Category: Hindu Marriage Act, Jurisprudence   Posted on: September 22, 2025

Spirit of Quranic injunctions favours monogamy; polygamy is only an exception permissible when the husband can ensure equal justice and maintenance to all wives.

The spirit of Quranic injunctions favours monogamy; polygamy is only an exception permissible when the husband can ensure equal justice and maintenance to all wives. Successive marriages by a destitute blind beggar “cannot be accepted at all, even as per Muslim customary law.”

Category: Jurisprudence   Posted on: September 20, 2025

Delay, Discretion, and State Lethargy: An Analysis of Shivamma (Dead) by LRs v. Karnataka Housing Board, 2025 INSC 1104

The question of limitation is not merely a technical consideration. The rules of limitation are based on the principles of sound public policy and principles of equity. We should not keep the ‘Sword of Damocles’ hanging over the head of the respondent for indefinite period of time to be determined at the whims and fancies of the appellants.

Category: Jurisprudence   Posted on: September 14, 2025

Once information discloses a cognizable offence, registration of FIR is mandatory under Section 154 CrPC. Credibility or genuineness of the information is not a condition precedent: Supreme Court

Mandatory FIR Registration — Once information discloses a cognizable offence, registration of FIR is mandatory under Section 154 CrPC. Credibility or genuineness of the information is not a condition precedent. The Court reaffirmed Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1.

Category: Criminal Law   Posted on: September 12, 2025

Supreme Court lays down tests for quashing criminal proceedings under Section 482 CrPC

Courts must exercise caution in summoning on private complaints, especially in cases involving allegations of rape on a promise of marriage. Delay, vagueness, and lack of independent corroboration undermine the credibility of such complaints. Inherent powers under Section 482 CrPC must be exercised to prevent abuse of process when proceedings are manifestly frivolous or malicious.

Category: Criminal Law   Posted on: September 10, 2025