New Delhi: A court has dismissed a woman’s suit seeking Rs 50 lakh in damages from her husband’s alleged extramarital partner, whom she accused of “stealing” his affection and destroying their marriage.
District judge Atul Ahlawat said the wife failed to establish that the partner had induced, encouraged or intentionally caused the woman’s husband to withdraw from their marriage.
2 (the husband), since the corresponding duty of conjugal relationship rested only on the defendant no. 2 and defendant no. 1 cannot be saddled with such an obligation under the law.”
Because two consenting adults had entered into a consensual sexual relationship outside the marriage and it had led to the birth of a child, does not in itself establish the requirements with respect to… the alienation of affection, the court said: “Merely.
The wife’s argument collapsed during cross-examination when she admitted to instances of physical, emotional and mental abuse and said her husband had denied her physical intimacy for most of their marriage. Dismissing the suit, the court said: “There was no corresponding duty upon her (the extramarital partner) to thwart any advances made by defendant no. The court also found no direct evidence that the extramarital partner had induced the husband to leave. Rather, it noted the husband’s free choice of persuing the relationship outside marriage.
However, the court held an affair alone was insufficient, and the wife had to establish that genuine love and affection existed between the spouses before the alleged interference, that it was destroyed, and that the third party’s wrongful conduct directly caused its destruction.