I am a woman in the United States married to an Indian citizen (in the US). We were married for 4 years and now going through divorce because I discovered he had an affair with a woman in India over the last 2 years. Is it possible to seek a lawsuit for emotional distress against the woman involved in the affair? I have pictures of their relationship as they kept a secret instagram account together and even went on vacation to another country at one point.
There is no provisions in law to file any civil suit against the adulterer women for the reasons you state here.
You can include her as second respondent in the divorce case filed on the grounds of adultery.
As per Indian law, any person having an illicit affair out of their marriage is not an offence but a strong ground for divorce if adultery is proved.
A suit for emotional distress can be filed in U.S. if you can establish the evidence outrageous conduct by such woman and prove a direct connection between her conduct distress. A suit of such type can also be filed under law to torts in India.
No there is no law in India for the same you can only seek action against your husband
1. Based on the demonstrable evidence, file for contested divorce under the ground of 'Adultery'.
2. A law suit can not be filed against her, as a woman is treated as victim in extramarital affairs.
You can sue your husband for divorce on grounds of adultery make lady co respondent in divorce case
2) if marriage was solemnised in India divorce has to be filed in India on grounds recognised under divorce act
3) you cannot sue the lady for emotional distress
In the United States, whether you can sue the woman involved in your husband’s affair for emotional distress depends heavily on the state where you reside:
Most states DO NOT allow lawsuits against a spouse’s affair partner (“alienation of affection” or “criminal conversation”). Only a handful of states—primarily North Carolina, and to a limited extent a few others (Mississippi, South Dakota, Utah, New Mexico, and Hawaii)—still permit “alienation of affection” lawsuits against third parties for breaking up a marriage. In other states, such suits have been abolished.
Intentional Infliction of Emotional Distress (IIED): Lawsuits for intentional infliction of emotional distress against the affair partner are extremely difficult to succeed in. You would need to prove conduct far more “extreme and outrageous” than participation in an affair itself—such as public shaming, harassment, or threats—along with direct causation of “severe emotional harm” and documented damages like medical or therapy costs.
Photos or Instagram posts alone, or evidence of the affair, are usually NOT enough to meet the legal threshold for such claims in most places, unless the third party’s conduct was maliciously aimed at causing you harm, and was truly extreme by societal standards.
In most places, your remedies are focused on divorce proceedings: infidelity can sometimes influence issues like alimony or property division, but will rarely support a successful emotional distress lawsuit against the other woman.
If you are in North Carolina or one of the few states permitting these suits, consult a local family law attorney—these cases are rare and require specific proof.
In most other states, focus on divorce and, if applicable, gathering evidence that may help your case for financial settlements instead.
If it can be proved through hotel entries or similar documentary evidence that your husband and the other woman stayed together, this constitutes valid and strong grounds for divorce in India under the ground of adultery. Such evidence—hotel bills, register entries, or travel records—can help establish an extra-marital affair even if there is no direct admission.
Moreover, Indian law allows the aggrieved spouse to join the alleged paramour (the other woman) as a proforma party or co-respondent in the divorce proceedings. While the divorce itself proceeds between the spouses, making the paramour a party enables the court to summon her as a witness and record her evidence if necessary for proving adultery. This strengthens your case and allows the court to directly consider her role in the breakdown of the marriage.
If you want further guidance specific to your state, you may engage us for personalized legal advice. This consultation is entirely confidential and based on the facts you’ve shared.
Regards
In the U.S., you can usually only sue the affair partner if you live in one of a few states (like North Carolina, Mississippi, South Dakota, Utah, New Mexico, or Hawaii) that still allow alienation of affection claims. Elsewhere, such lawsuits almost never succeed—focus instead on divorce (adultery can affect alimony/property).
In India, you cannot sue the woman for emotional distress. At most, you can make her a co-respondent in the divorce case to help prove adultery.
Main remedy: proceed against your husband through divorce, not the other woman.
I suggest you let me know which U.S. state you currently live in (or where the divorce is being filed). That will determine whether an alienation of affection lawsuit is even possible in your case.
- If you are going to take divorce then you can claim equal right over his all assets and funds as per US law.
- Further, you can file a complaint against him under the provision of DV ACT against him
- However, the third person i.e. his woman friend cannot be party in the case , except you can file a complaint against your husband.
In the U.S., some states used to allow a tort claim called “alienation of affection” or “criminal conversation”(essentially suing a third party for interfering in a marriage).
Today, only a handful of states still recognise these claims (e.g., North Carolina, Mississippi, South Dakota, New Mexico, Utah, and Hawaii).
If you reside in one of these states, you may be able to bring a claim against the woman, provided you meet the requirements (proof of marital relationship, affection, wrongful interference, and damages).
In most other states, however, these claims have been abolished, and courts treat adultery as a private matter only relevant in divorce (division of assets, alimony, custody).
Beyond alienation of affection, you might think of Intentional Infliction of Emotional Distress (IIED).
However, U.S. courts are very reluctant to extend IIED to extramarital affairs unless the conduct is extreme and outrageous beyond the affair itself (e.g., public humiliation, threats, stalking).
Just being “the other woman,” even with proof, usually does not meet that high legal threshold.
In India, adultery was decriminalised in 2018 (Joseph Shine v. Union of India).
That means you cannot file any criminal case against your husband or the woman.
Under Hindu Marriage Act or Special Marriage Act, adultery still remains a civil ground for divorce, but you cannot sue the woman separately for damages or emotional distress.
Divorce Proceedings in the U.S. → You can use proof of the affair to support claims for alimony/maintenance or even a larger share of marital assets, depending on your state laws.
No Direct Lawsuit Against the Woman → Unless you are in one of the few states that recognise “alienation of affection,” you cannot directly sue her.
Alternative Approaches → You may pursue financial relief from your husband (not the woman), and if child custody is an issue, the affair may play a role in those determinations.
