Domestic Relationship holds utmost importance in a person’s life. The main basis of Domestic relationship is the confidence and love we have towards each other. According to Sir Fredick Pollock “Next to the security of persons comes that of the personal relations constituting the family”.
Tort relating to domestic relationship is an old notion that man has personal interests in the family members and domestic servants. It is against family relations like seduction and enticing of servant and wrongs like defamation, adultery, malicious prosecution, physical injury, etc.
Torts relating to Family relations are of two types:
1. Torts to Marital rights.
2. Torts to Parental Rights.
1. Torts relating to marital rights are:
a) Abduction of Another’s wife: Any person who has sexual intercourse with a female who is liable to a parent or another man, who are entitled to her services and they have incurred any kind of loss due to his act then defendant is liable to the damages caused.
b) Adultery: India’s top court has ruled adultery is no longer a crime, striking down a 158 year old colonial era law, which treated women as a male property. However, damages for adultery can be compensatory.
c) Injury to husband or wife: Any person who causes harm to another man’s wife then he is liable to pay for the compensation incurred by her husband as a result of his actions such as medical bills, etc.
2. Torts to parental Rights
a) Enticement of children: Any person who induces a child to leave home, is liable to a parent who is entitled to the services of the children. Here, The plaintiff must prove the loss of service and that defendant knew that the plaintiff was dependent on the services of the child in order to claim for damages.
b) Seduction: Seduction involves sexual activity and the defendant must be shown that he impaired a person’s health because his act. For example: if a girl is pregnant. The tort of Seduction is actionable when the parents are deprived of their sons or daughters services and the plaintiff has to prove the same for it to be actionable.