Tort of Alienation of Affection (AoA)

Recently, the Delhi High Court, in Shelly Mahajan v. MS Bhanushree Bahl & Anr (2024), delivered a first-of-its-kind order allowing a spouse to seek civil damages from a third party accused of intentionally interfering in a marriage.

  • AoA is a common law tort that allows a spouse to sue a third person for willfully and maliciously interfering in a marriage and causing loss of affection, companionship, or consortium.
  • It is based on the idea that marriage carries legal interests such as consortium, intimacy, support and a shared life that can be legally protected from wrongful interference.
  • It is not codified ....
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