Wife can seek compensation from her husband’s lover: Delhi High Court

New Delhi: Wives are often harassed by their husband’s girlfriend. The Delhi High Court has addressed this issue in its ruling. The court stated that a wife can sue her husband’s girlfriend seeking compensation. This ruling is an alarm bell for women who have both romantic and physical relationships with married men.

The High Court made a significant observation, stating that a wife can seek financial compensation from her husband’s “mistress.” The court considered this a prima facie case in which a wife has the right to claim civil damages against her husband’s girlfriend. On this basis, the High Court summoned the husband’s girlfriend and sought her response. The court stated that this case falls outside the jurisdiction of the Family Court and claims that the wife’s marital rights have been violated by the misconduct of a third party.

The petition was filed by a wife, who stated that she was entitled to her husband’s love and companionship, but that her rights were being taken away due to the girlfriend’s active and malicious role. The wife, seeking compensation, alleged that the breakdown of the marriage and the deterioration of marital relations were due to the interference of her husband’s girlfriend.

The High Court also cited the concept of “during the marriage,” prevalent in many foreign countries. Under this principle, a spouse can sue a third person who deliberately disrupts their marriage and creates a rift between the spouses. The court stated that prima facie it appears that the wife’s claim is merited, and the girlfriend should be given an opportunity to present her case. However, only after the final hearing of the case will it be determined whether the wife will actually receive any compensation. This ruling could open a new legal avenue for future marital disputes, as wives will now be able to take action not only against their husbands but also against third parties involved in their extramarital relationships.

 

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