Husband may claim damages from adulterer
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Summary
A husband can claim monetary damages from a third person who committed adultery with his wife, either in a petition for dissolution of marriage or judicial separation, or by a petition to the District Court or High Court limited to that claim. The petition is normally served on the alleged adulterer and the wife unless the court orders otherwise. The court decides the amount of damages and can direct how they are to be paid even if respondents do not appear.
Example
Rohan learns that his wife had an affair with Karan. Rohan files a petition for dissolution of marriage asking the court to award damages against Karan. The court serves Karan and Rohan's wife, assesses the damages even though they do not appear, and orders Karan to pay as directed.
Bare Act
Enacted textAny husband may, either in a Petition for dissolution of marriage or for judicial separation, or in a Petition to the District Court or the High Court limited to such object only, claim damages from any person on the ground of his having committed adultery with the wife of such Petitioner. Such Petition shall be served on the alleged adulterer and the wife, unless the Court dispenses with such service, or directs some other service to be substituted. The damages to be recovered on any such Petition shall be ascertained by the said Court, although the respondents or either of them may not appear. After the decision has been given, the Court may direct in what manner such damages shall be paid or applied.
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