If the husband is cheating, can his girlfriend be sued?

News Topical, Digital Desk : Last month, the Delhi High Court made some comments on a case related to adultery, which has sparked a debate about the law governing matrimonial disputes in the country. Justice Purushendra Kumar Kaur of the Delhi High Court had said, "If a third person causes the breakdown of a marriage, or the wife is deprived of her rights, then the wife can seek damages from him in the civil court."

Justice Purushendra Kumar Kaur made this comment last month on a petition filed by a woman who alleged her husband's affair with another woman and sought compensation of ₹4 crore from his lover. This has sparked a nationwide debate about whether a victim can seek compensation from her husband's lover or a man from his wife's lover in cases involving extramarital affairs. Let's explore what experts have to say...

What is the whole matter that gave rise to this question?

The petition on which Delhi High Court Justice Purushendra Kumar Kaur has commented is related to a complaint filed by a wife against her husband's girlfriend.

The woman who filed the petition alleged- 

"I got married in 2012. I had twins in 2018. My husband is a businessman. My married life was going well. Problems began in my marriage when another woman joined my husband's business in 2021. This woman would travel with him. They became very close. In 2023, she overheard intimate conversations between my husband and his girlfriend. Evidence of this relationship was also found on my husband's laptop. Despite the intervention of my husband's family, this continued. The woman's husband was seen with his girlfriend in public, and later filed for divorce."

 Following this entire incident, the victim filed a petition in the High Court against her husband and his girlfriend. She claims that the woman deliberately and maliciously broke up her marriage, causing her mental and emotional harm. Therefore, she filed a petition in the court under the "alienation of affection" law, seeking compensation.

The husband and his girlfriend gave this argument

The husband argued in court that he was an independent individual and had the right to make his own personal decisions. Every adult has the freedom to choose who he or she associates with, as long as it is not a criminal offense.

The husband's alleged girlfriend argued that she had nothing to do with the marriage and therefore had no legal responsibility towards the wife.

The husband and his girlfriend argued that any dispute should be heard in the family court, not the High Court. Furthermore, they cited the Supreme Court's decision decriminalizing adultery. If the current case in the Delhi High Court proceeds, it could become the first such case.

What did the High Court say?

Justice Purushaindra Kumar Kaurav not only accepted the petition but also directed that notices be sent to both the husband and his alleged girlfriend. Justice Purushaindra Kumar Kaurav stated that if a third party causes the marriage to break down, the wife can seek damages in civil court. Although adultery is no longer a crime, damages can still be claimed for the harm caused. This case is entirely a matter of civil law, so it will be heard in civil court, not family court.

Justice Purushendra Kumar stated that this case could serve as the first example of the application of the doctrine of Alienation of Affection. This doctrine states that a person who intentionally breaks the love and trust in a marriage can be held legally responsible. The doctrine of Alienation of Affection, derived from Anglo-American common law, has been recognized by the Supreme Court of India in two decisions. Justice Purushendra Kumar Kaur also clarified that the allegations made by the woman in her petition must be proven.

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