Law Web: S 2(f) of Domestic violence Act

Tuesday, 19 December 2023

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

ALIENATION OF AFFECTION

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..

IN THE SUPREME COURT OF INDIA

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.

Read full Judgment here :Click here

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Supreme Court Guidelines to ascertain when a live-in relationship will fall within "relationship in the nature of marriage" as per provisions of Domestic violence Act

We may, on the basis of above discussion cull out some guidelines for testing under what circumstances, a live-in relationship will fall within the expression "relationship in the nature of marriage" Under Section 2(f) of the DV Act. The guidelines, of course, are not exhaustive, but will definitely give some insight to such relationships.

(1) Duration of period of relationship

Section 2(f) of the DV Act has used the expression "at any point of time", which means a reasonable period of time to maintain and continue a relationship which may vary from case to case, depending upon the fact situation.

(2) Shared household

The expression has been defined Under Section 2(s) of the DV Act and, hence, need no further elaboration.

(3) Pooling of Resources and Financial Arrangements

Supporting each other, or any one of them, financially, sharing bank accounts, acquiring immovable properties in joint names or in the name of the woman, long term investments in business, shares in separate and joint names, so as to have a long standing relationship, may be a guiding factor.

(4) Domestic Arrangements

Entrusting the responsibility, especially on the woman to run the home, do the household activities like cleaning, cooking, maintaining or up keeping the house, etc. is an indication of a relationship in the nature of marriage.

(5) Sexual Relationship

Marriage like relationship refers to sexual relationship, not just for pleasure, but for emotional and intimate relationship, for procreation of children, so as to give emotional support, companionship and also material affection, caring etc.

(6) Children

Having children is a strong indication of a relationship in the nature of marriage. Parties, therefore, intend to have a long standing relationship. Sharing the responsibility for bringing up and supporting them is also a strong indication.

(7) Socialization in Public

Holding out to the public and socializing with friends, relations and others, as if they are husband and wife is a strong circumstance to hold the relationship is in the nature of marriage.

(8) Intention and conduct of the parties

Common intention of parties as to what their relationship is to be and to involve, and as to their respective roles and responsibilities, primarily determines the nature of that relationship.{Para 55}