Delhi High Court Rules Adultery Retains Civil Consequences, Spouse May Sue Partner’s Lover for Compensation Despite Decriminalization

The Delhi High Court clarified the legal position of adultery following its decriminalization in 2018 by the Supreme Court. While acknowledging that adultery is no longer a criminal offense, the Court held that it retains civil consequences. It ruled that an aggrieved spouse can bring a civil action for damages against their partner’s lover for interference in the marital relationship. The case before the Court involved a husband seeking compensation from his wife’s alleged partner. The defendant argued that since adultery was no longer criminal, no civil liability could arise. Rejecting this, the Court emphasized that decriminalization only removed penal consequences but did not extinguish civil remedies. It observed that the sanctity of marriage is protected under civil law, and wrongful interference by a third party can constitute a cause of action for damages. The ruling bridges the distinction between criminal and civil law, affirming that constitutional changes in penal provisions do not automatically nullify established civil claims. This decision reaffirms marriage’s legal recognition and protects spouses from undue third-party intrusion.