Tuesday 19 December 2023

What is Alienation of affection under matrimonial law and whether it is a tort?


64. Appellant had entered into this relationship knowing well that the Respondent was a married person and encouraged bigamous relationship. By entering into such a relationship, the Appellant has committed an intentional tort, i.e. interference in the marital relationship with intentionally alienating Respondent from his family, i.e. his wife and children. If the case set up by the Appellant is accepted, we have to conclude that there has been an attempt on the part of the Appellant to alienate Respondent from his family, resulting in loss of marital relationship, companionship, assistance, loss of consortium etc., so far as the legally wedded wife and children of the Respondent are concerned, who resisted the relationship from the very inception. Marriage and family are social institutions of vital importance. Alienation of affection, in that context, is an intentional tort, as held by this Court in Pinakin Mahipatray Rawal case (supra), which gives a cause of action to the wife and children of the Respondent to sue the Appellant for alienating the husband/father from the company of his wife/children, knowing fully well they are legally wedded wife/children of the Respondent..


Criminal Appeal No. 2009 of 2013 

Decided On: 26.11.2013

Indra Sarma Vs. V.K.V. Sarma

Hon'ble Judges/Coram:

K.S. Panicker Radhakrishnan and Pinaki Chandra Ghose, JJ.

Author: K.S. Panicker Radhakrishnan, J.

Citation: MANU/SC/1230/2013,AIR2014SC309,(2013)15SCC755,[2013]14SCR1019.

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