Indian Kanoon - Search engine for Indian Law

4. While seeking damages for Alienation of Affection [AoA], the plaintiff also alleges that defendant no.1 knowingly and intentionally interfered with her marital relationship, thereby causing its breakdown.

5. The brief facts, as they emerge from the record, indicate that the This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2025 at 21:41:46 plaintiff married defendant no.2 on 18.03.2012 and the couple was blessed with twin children in 2018. The plaintiff joined the family business as Lab Director in 2019, while defendant no.2 continued to be actively engaged in both the family enterprise and also in his independent venture. In 2021, defendant no.1 joined the said venture as an Analyst. Stated to be aware of the subsisting marriage between the plaintiff and defendant no.2, defendant no.1 is alleged to have developed a close and personal relationship with defendant no.2. It is averred that defendant no.1 would frequently visit the marital home, accompany defendant no.2 on work trips, and gradually became his exclusive travel companion, causing the plaintiff serious apprehensions.

22. At the same time, the Supreme Court observed that in India, where a marital relationship is strained and a spouse lives separately, the primary statutory remedy available is a claim for maintenance. Although a third party may be instrumental in alienating the affection or companionship of a HEARTBALM STATUTE - A state law that abolishes the rights of action for monetary damages as solace for the emotional trauma occasioned by a loss of love and relationship - Black's Law Dictionary [8th ed. 2004] - Page 2113-14 (2013) 10 SCC 48 This is a digitally signed order.

"13. Alienation of affection by a stranger, if proved, is an intentional tort i.e. interference in the marital relationship with intent to alienate one spouse from the other. Alienation of affection is known as "Heart Balm" action. Anglo-Saxon common law on alienation of affection has not much roots in this country, the law is still in its nascent stage. Anglo-Saxon based action against the third parties involving tortious interference with the marital relationship was mainly compensatory in nature which was earlier available to the husband, but, of late, a wife could also lay such a claim complaining of alienation of affection. The object is to preserve marital harmony by deterring wrongful interference, thereby to save the institution of marriage. Both the spouses have a valuable interest in the married relationship, including its intimacy, companionship, support, duties, affection, welfare of This is a digitally signed order.

67. Marriage and family are social institutions of vital importance. Alienation of affection, in that context, is an intentional tort, as held by this Court in Pinakin Mahipatray Rawal case [Pinakin Mahipatray Rawal v. State of Gujarat, (2013) 10 SCC 48 : (2013) 4 SCC (Civ) 616 : (2013) 3 SCC (Cri) 801] , which gives a cause of action to the wife and children of the respondent to sue the appellant for alienating the husband/father from the company of his wife/children, knowing fully well they are legally wedded wife/children of the respondent."