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.
Posted on: September 22, 2025 |