AIR 2014 SUPREME COURT 331

Supreme Court Of India

Hon'ble Judge(s): K. S. Radhakrishnan, Pinaki Chandra Ghose , JJ

(A) Words and Phrases - Extra marital affair - Defies clear definition. Extra-marital affair is a term which has not been defined in the Indian Penal Code and rightly not ventured since to give a clear definition of the term is difficult, as the situation may change from case to case.(Para 10) (B) Hindu Marriage Act (25 of 1955) , S.13— Marital relationship - Disruption by alienation of affection by stranger - Action for compensation by estranged spouse - Tenable only if stranger had actively participated and played substantial parts in inducing or causing one spouses loss of other spouses' affection. Alienation of affection by a stranger, is an intentional tort i.e. interference in the marital relationship with intent to alienate one spouse from the other. Alienation of affection is known as 'Heart Balm' action. Anglo-Saxon common law on alienation of affection has not much roots in India. Action against third parties involving tortuous interference with the marital relationship under common law was mainly compensatory in nature which was earlier available to the husband, but, of late, a wife could also lay such a claim complaining of alienation of affection. For a successful prosecution of such an action for alienation of affection, the los....