Recently, the Kerala High Court, in a case concerning compensation for mental agony caused by adultery, held that allegations of adultery, even if proven, do not justify a claim for compensation. The court was dealing with an appeal filed by the respondents in a family matter, challenging the Family Court's decision directing them to pay compensation to the petitioner. The court observed that adultery, while a valid ground for divorce, does not warrant financial claims against the adulterous spouse or a third party.
The marriage between the petitioner and the first respondent was solemnized on November 19, 2006. During the marriage, the first respondent was solemnized on November 19, 2006. During the marriage, the first respondent developed an illicit relationship with the second respondent and on July 31, 2012, eloped with him taking gold ornaments and valuables. The petitioner filed a complaint alleging mental pain, humiliation and a claim for Rs. 20 lakhs in compensation. The Family Court, while not granting the return of the gold ornaments and cash, awarded ₹4 lakhs in compensation to the petitioner. The respondents, challenging this, filed an appeal.
The Counsel for the petitioner contended that the first respondent's illicit relationship with the second respondent caused him immense mental agony and humiliation, entitling him to compensation. He argued that her actions amounted to adultery, which disrupted his marital life, and thus compensation was justified. Whereas, the Counsel for the respondents, on the other hand, claimed that the petition was filed in retaliation to the divorce and other proceedings initiated by the first respondent. They argued that the first respondent had been forced to leave the matrimonial home due to ill-treatment and was subjected to harassment, including demands for dowry. They denied the allegations of adultery and mental distress, asserting that the compensation claim was baseless.
The Kerala High Court noted that adultery, though a valid ground for divorce under various personal laws in India, does not justify a claim for damages. The court referred to the Supreme Court’s decision in Joseph Shine v. Union of India, where Section 497 of the Indian Penal Code, criminalizing adultery, was struck down as unconstitutional. The court explained that adultery is not actionable for damages under Indian law, which views marital disputes as personal matters, resolvable through divorce or separation, and not through tort claims. The court further observed that the divorce between the petitioner and the first respondent was not granted on the grounds of adultery, and there was no sufficient evidence to show that the petitioner suffered any mental pain or humiliation due to the respondent's conduct. The court pointed out that the petitioner filed the compensation claim two years after the divorce petition was filed by the first respondent.
The High Court allowed the appeal setting aside the Family Court’s decree directing the respondents to pay Rs. 4 lakhs in compensation. The Court concluded that the petitioner was not entitled to any compensation for the alleged mental agony caused by the first respondent’s actions. Consequently, the appeal was allowed and the compensation claim was dismissed with each party bearing their respective costs. The appeal stands allowed, and the portion of the Family Court's judgment and decree ordering the respondents to pay compensation of ₹4 lakhs is set aside.
Case Title: XX v. XX
Case No.: Mat Appeal No. 554 of 2022
Coram: Justice S.M. Subramaniam, Justice M. Jothiraman
Advocate for Petitioner: Adv. S. Mohammed Al Rafi
Advocate for Respondent: Adv. L. Mohanan, Ligey Antony, Sri L Mohanan
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