Alienation of Affection” (AoA)

686 votes

The concept of “Alienation of Affection” as a standalone civil action is generally not recognised under Indian matrimonial law in the same manner as in certain foreign jurisdictions. Therefore, merely alleging that another person had a relationship with your spouse may not, by itself, give rise to an independent claim for damages. However, if you possess credible evidence showing that the third party knowingly interfered in the marital relationship, such facts may be relevant in divorce proceedings, particularly on grounds such as adultery or matrimonial misconduct, subject to proof before the competent court. Accordingly, before initiating any action against the alleged third party, it is advisable to first evaluate the nature and admissibility of the available evidence. Mere suspicion, assumptions or hearsay information may not be sufficient to sustain legal proceedings.

Advocate Pavani Kumari LawRato

933 votes

you can file a civil suit for damages in this regard. but you have sufficient proof and evidence in support of your case. it also depends upon present status among you spouses ( any cases or pending as to matrimonial isaues/ divorce/ DVC etc.,).

Advocate Kadagala Rambabu Naidu LawRato