Alienation of Affection: Legal Implications in the U.S.

The alienation of affection tort is a legal concept within the United States, defined as intentional and repeated acts that cause emotional distress to a spouse, despite not being a legally recognized marital offense. The question of whether states enforce this tort is a matter of ongoing legal debate. The Delhi High Court’s recent decision, in the Joseph Shine case, has implications for existing jurisprudence. Family courts may have the authority to award damages in cases involving this tort, focusing on the emotional suffering caused by the third party’s actions. The legal framework surrounding liability for such actions remains complex and evolving.

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