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Spouse Can Sue Partner’s Lover for Damages Over Marriage Interference, Says Delhi HC
['Ritu Yadav']
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The Delhi High Court has held that a civil suit filed by a spouse seeking damages from the alleged paramour of the other spouse is maintainable for intentional interference in a marriage, and accordingly issued summons to the alleged paramour.
The plea was grounded in the tort of Alienation of Affection (AoA), alleging that the paramour knowingly and intentionally interfered with the marital relationship, thereby causing its breakdown.
On this basis, the plaintiff asserted that she is the victim of the tort of AoA and is entitled to civil damages.
The alleged paramour, through Advocate K.C.
Jain, further submitted she is entirely alien to the marital relationship between the plaintiff and defendant no.2, and therefore owes no legal duty to refrain from interacting with defendant no.2.
['paramour'
'marriage'
'husband'
'alleged'
'partners'
'marital'
'damages'
'sue'
'delhi'
'court'
'plaintiff'
'hc'
'relationship'
'affection'
'civil'
'lover'
'spouse'
'interference']