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"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.

58. The pendency of parallel matrimonial proceedings between the plaintiff and defendant no.2 does not, without more, bar the institution of this separate civil suit for damages against defendant no.1. The relief sought in this suit, i.e., compensation for tortious interference, is distinct from the remedies pursued under the matrimonial law.

59. Even if there is factual overlap, the Civil Court is competent to proceed, and these considerations do not warrant rejection of the plaint at the threshold stage of issuing summons.

78. In that sense, the cause of action is independent of the marital tie and is premised on the tortious interference of a third party with the plaintiff's legally recognised relationship. Consequently, the Court is satisfied that the instant proceedings do not fall within the ambit of Section 7(1)(d) of the Family Courts Act, which is confined to suits or proceedings "arising out of a marital relationship,". In fact, 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.

79. For these reasons, and making it clear that the observations herein are confined solely to examining the maintainability of the suit at the stage of issuing summons, without expressing any opinion on the merits, the Court is 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 satisfied that the plaint prima facie discloses a civil cause of action for tortious interference, i.e., AoA, which is distinct from the remedies falling within the exclusive jurisdiction of the Family Courts.