New Delhi, Sept. 21 -- A spouse can sue an alleged paramour for damages if their wilful interference damaged the marriage, the Delhi high court has held, while issuing summons in a suit where a wife has sought Rs.4 crore in damages for alienation of affection (AoA) from her husband's alleged paramour. AoA is a tort (civil wrong) , originating in Anglo-American common law, allowing a spouse to seek monetary compensation from a third party accused of breaking up a marriage or causing loss of affection. These "heart balm" torts are not codified under any Indian law. Justice Purushaindra Kumar Kaurav, in an order delivered Monday and later released, noted that Indian matrimonial laws, including the Hindu Marriage Act, provide no remedy against a third party before a family court. In such cases, he said, a civil court can hear claims for damages over wrongful interference. The couple married in 2012 and had twins in 2018. The alleged paramour joined the husband's company and developed a close relationship with him, despite knowing that he was married. In 2023, the husband filed for divorce on the grounds of cruelty, following which the wife approached the high court this year, seeking damages from the alleged paramour. Represented by advocate Malavika Rajkotia, the wife argued she was entitled to her husband's affection and companionship, which were deliberately taken away. The husband, represented by advocate Prabhjit Jauhar, opposed the suit, saying adultery was already under consideration by the family court and that the civil case was merely a counterblast to divorce proceedings. The alleged paramour, through advocate KC Jain, besides challenging the maintainability of the suit, contended that the present suit amounted to initiating parallel proceedings on the same issue. Jain further contended that the woman could not seek damages from her, since she had no legal obligation to refrain from interacting with the man. The court disagreed, stating that ongoing divorce proceedings do not prevent a civil claim for damages. "In the absence of a statutory bar, a spouse can seek damages in civil court for a third party's alleged interference."...