🏠 Introduction
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Today, we are discussing a very sensitive and thought-provoking issue — if a husband betrays his wife and gets involved in an extramarital affair, can the wife take legal action against his girlfriend?
Can she demand compensation for the pain, humiliation, and emotional suffering she has gone through?
🧾 Delhi High Court’s Observation
Recently, the Delhi High Court made an important observation that has stirred debate across the nation.
Justice Purushendra Kumar Kaurav stated that if a marriage breaks because of the involvement of a third person, or if a wife is deprived of her marital rights due to her husband’s affair, she can file a civil case and claim damages from that third person.
This statement has sparked widespread discussion about whether emotional harm and betrayal within a marriage can be compensated by law. The remark came during a case where a woman accused her husband of having an affair and demanded ₹4 crore in compensation from his girlfriend.
⚖️ Legal Background — Adultery and the Law
Until 2018, adultery was a criminal offence under Section 497 of the Indian Penal Code.
But in the landmark Joseph Shine v. Union of India judgment, the Supreme Court decriminalized adultery, stating that while it was morally wrong, it could not be treated as a crime.
However, adultery remains a valid ground for divorce.
Now, the Delhi High Court has introduced a new angle — even though adultery is not a criminal act, it may still lead to civil consequences if a third person intentionally damages a marriage.
This opens an entirely new discussion about emotional justice and civil liability within relationships.
💡 Impact and Future Outlook
This case has triggered national debate on personal freedom, moral accountability, and the legal protection of marriage.
If the court rules in favour of the petitioner, it will become the first Indian case where a third person outside the marriage could be ordered to pay for emotional damage caused to a marital relationship.
📣 Delhi Law Firm® Legal Awareness Message
At Delhi Law Firm®, we believe in spreading awareness about evolving legal interpretations so that every citizen understands their rights and remedies in cases of emotional or marital injustice.
If you or someone you know is facing issues related to marriage, adultery, or separation, our legal team is here to help you with professional guidance and support.
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