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Adultery not a crime but valid ground for divorce, says Delhi High Court

New Delhi: The Delhi High Court on Monday observed that adultery is not a criminal offence, but it can be considered a valid ground for divorce or marital disputes.

Justice Purushendra Kaurav said that a husband or wife can sue their partner’s lover and even seek monetary compensation for damaging their marriage and mutual trust. “The consequences can be dangerous,” the court noted.

The observation came while hearing a petition filed by a woman seeking compensation from her husband’s girlfriend for emotional distress and loss of companionship. Notices have been issued to both the husband and his girlfriend to determine whether the woman’s involvement led to the breakdown of the marriage.

According to the petition, the woman married in 2012 and gave birth to twins in 2018. She alleged that her marital issues began in 2021 when another woman joined her husband’s business. The two allegedly grew close, travelled together, and continued their relationship despite family interventions.

The wife claimed that her husband began appearing publicly with the other woman and eventually filed for divorce. Following this, she approached the High Court seeking compensation.

However, the husband and his girlfriend argued that such disputes should be dealt with by a family court rather than the High Court.