Shelly Mahajan v. Ms. Bhanushree Bahl & Anr., 2025
The ruling opens the door to expanding tort law in the realm of domestic and personal relationships, while keeping Family Court jurisdiction limited to purely matrimonial disputes.
Judgement Details
Court
Delhi High Court
Date of Decision
22 September 2025
Judges
Justice Purushaindra Kumar Kaurav
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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The plaintiff-wife filed a civil suit for damages against her husband and his alleged lover, claiming alienation of affection.
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She alleged that her husband withdrew affection and companionship due to the intentional and wrongful interference by the other woman.
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The husband did not cease the extra-marital relationship despite confrontation and publicly humiliated the plaintiff.
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The plaintiff sought compensation from the third party for destroying her marital relationship.
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Defendants argued that the matter belonged in Family Court under Section 7 of the Family Courts Act and cited pending divorce proceedings.
Issues
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Is a civil suit for Alienation of Affection maintainable in Indian law?
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Can such a tort claim be entertained by a Civil Court, or does it fall under the exclusive jurisdiction of the Family Court?
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Does the decriminalization of adultery under Joseph Shine bar such civil suits?
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Can monetary damages be claimed for emotional and relational harm in such cases?
Held
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The civil suit is maintainable and can be tried by a Civil Court.
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Third-party interference in a marriage may attract civil liability under the tort of Alienation of Affection.
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The pendency of divorce proceedings does not bar such a civil suit.
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Joseph Shine decriminalized adultery but did not prevent civil remedies in tort.
Analysis
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This is a landmark ruling recognizing a novel tortious claim within Indian law.
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The Court acknowledged that Indian jurisprudence has not formally adopted AoA but recognized it as a possible tort.
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It creates a precedent for civil accountability for third-party interference in marriages.
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The judgment balances personal liberty and the legal protection of marital relationships.
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The ruling opens the door to expanding tort law in the realm of domestic and personal relationships, while keeping Family Court jurisdiction limited to purely matrimonial disputes.