By Surbhi Kaul

Copyright timesnownews

In a recent Delhi High Court judgment, it was held that a spouse can sue an alleged third party for damages if their willful interference negatively impacted the marriage. The affected spouse now has the right to file an alienation of affection (AoA) case against them. This ruling allows spouses to claim compensation from anyone who meddles in their marital relationship. Highlighting this judgment, a woman lawyer in a viral video showcased a different perspective that sparked widespread debate online, pointing out that even a mother-in-law (MIL) could be held accountable if she creates conflicts between her son and his wife, or her daughter and her husband, as she claimed in the video. In a social media post, the lawyer added a text on the video, “Mummy ji (MIL) thoda bach ke rehna please,” warning MILs to avoid creating problems that could harm their children’s marriages. The expert also outlined the key points of an AoA claim and provided guidance on how someone can register such a case. In her video’s caption, she further wrote, “This is very common outside India but In India courts are and may further consider this ground to file a civil suit, after the Delhi High Court ruled such claims are maintainable, allowing a spouse to sue a third party for interfering with their marriage.” She also explained the essential aspects of an AoA claim, “Intentional Interference: You need to demonstrate that the mother-in-law or third party acted with the intent to destroy the marital relationship. Causation: You must show a clear link between their actions and the breakdown of your marriage. Loss of Affection: It’s not enough that the marriage is strained you must prove a genuine love and affection were present before their interference and were subsequently destroyed.” The lawyer then outlined the next steps for anyone considering such a case, “What to Do Next? Consult a Lawyer: Seek legal advice from a lawyer familiar with alienation of affection laws, especially in India, to understand the nuances and requirements for your specific situation. Gather Evidence: Collect evidence such as: – Witness testimonies from friends, family, or counselors. Photos or videos showing affection in the marriage. Messages or records showing your mother-in-law’s or third party’s attempts to manipulate or badmouth you. File a Lawsuit in Civil Court: The claim is a civil tort, so you will need to file it in a civil court to seek monetary damages. Mummy ji Namaste.” The post received mixed reactions from netizens. One user commented, “Everything is alright, but when the husband himself involves the third party, then no court will work.” Another wrote, “MIL, SIL and their husbands are the major reason for broken marriages.” Some were critical of the courts, with one remarking, “Courts these days are just trying to make business out of small family personal affairs.” Another noted, “A daughter-in-law came between a mother and her son… What if the mother-in-law does something like this?” Yet another asked, “Are we considering both MIL here or only as always it’s the mother of the son.” The lawyer stated that while the final ruling on this legal provision is still awaited, they believe alienation of affection has the potential to become a groundbreaking tool in family law.