A Delhi court has dismissed a ₹50 lakh damages suit filed by a woman against her husband’s alleged extramarital partner for “stealing” his affection.

The couple had married in November 2001.

In the suit filed in 2024, the wife alleged that the husband began an extramarital relationship with the other woman after a trip to the United States in 2009 and eventually abandoned the matrimonial home in January 2013.

The suit said that the other woman knew that he was married but intentionally “stole” his affection and destroyed their matrimonial life. She claimed that this caused her mental trauma, financial difficulties and loss of companionship.

The claim was based on the common law tort of alienation of affection, also known as a “heart-balm” action. It allows a spouse to seek damages from a third party who intentionally interferes with a marriage and draws the other spouse away.

The Court noted that the tort of alienation of affection has not been enacted into law in India.




The suit initially sought ₹1 crore in damages. The claim was subsequently reduced to ₹50 lakh. 

The court ruled that merely proving an extramarital relationship is not enough to establish civil liability or financial punishment for the breakdown of a marriage.

The plaintiff failed to prove that the alleged partner actively induced, manipulated, or encouraged the husband to abandon the marriage.

The wife admitted that the marriage already suffered from physical, emotional, and mental difficulties before the third party entered the picture.

The court observed that conjugal obligations exist between the husband and wife. They cannot automatically be imposed on an outside individual who has no legal duty to protect that marriage.