Delhi High Court Recognises 'Alienation of Affection', Raises Misuse Concerns
The Delhi High Court has sparked debate with its recent order recognising 'alienation of affection' (AoA), where a third party can be sued for interfering in a marital relationship. The court's decision has raised concerns about potential misuse and the gap between acknowledging and adopting such a concept.
The court acknowledged AoA, a concept derived from Anglo-American Common Law, in the case of Shelly Mahajan v. Ms. Bhanushree Bahl. It issued summons against the alleged paramour of the husband. However, the court also recognised the need to protect personal autonomy, stating that no action will be taken if the husband acted on his own volition.
The order raised concerns about the lack of settled rules for AoA's establishment and the quantification of damages. It also highlighted the potential for misuse and harassment, as well as the commodification of intimacy, which could reduce personal autonomy and mutual agency of spouses to quantifiable legal goods. Furthermore, the order brought up questions about the overlap of matrimonial jurisdictions and conflicting precedents on the jurisdiction of family courts and civil courts.
While the Delhi High Court's recognition of AoA may discourage separation or entering into relationships outside marriage, it also raises significant concerns about potential misuse and the need for clear guidelines. The court's decision to protect personal autonomy is a step towards balancing these concerns. However, further clarification and legislation are needed to prevent the commodification of intimacy and to ensure the fair application of this concept.
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