JUDGMENT :

(Goutam Bhaduri, J.) :

1. Heard.

2. Learned Counsel for both the parties did not object hearing of the case through live streaming.

3. The instant Appeal is filed by the Appellant/wife against the judgment and decree dated 07.10.2021 passed by the 2nd Additional Principal Judge, Family Court, Durg, District Durg in Civil Suit No.352/2018 whereby, prayer for a decree of divorce by the husband, was granted primarily on the ground of adultery. The Appellant/wife is in Appeal before this Court.

4.(i) Brief facts of the case are that the parties were married on 17.04.2006 and out of the wed lock, three children were born on 23.06.2008, 23.01.2011 and 15.10.2014. According to the husband, after 2014, the differences started cropping up between them and on trivial issues, the Appellant/wife used to get enraged. On 26.12.2014, the Appellant/wife went away with her son namely Kudleep and on enquiry, it was revealed that she and one Dhal Singh Kurre were living as wife and husband and the efforts of the Respondent/husband to settle the dispute by bringing her back proved to be futile. Subsequently, the Appellant/wife came back with the son and started living with the Respondent/husband. After 2-3 months, she again went back in the company of Dhal Singh Kurre and when she was tried to be contacted over the phone, she replied and stated not to make any effort to search her. This state of affair continued and on 14.01.2017, a report was made by the Respondent/husband in the police station stating that his wife is living along with Dhal Singh Kurre. A conciliation proceeding took place between the parties in the police station wherein, she was advised to stay along with her husband but the same did not materialize. (ii) Subsequently, the Appellant/wife tried to commit suicide and was hospitalized and after getting discharged, she started living at her parental house. The Respondent/husband alleges that on and off, the Appellant/wife used to stay with Dhal Singh Kurre and in such course, she once came back and forcefully tried to enter his house and extended threat to him that if she is not allowed to stay with him, then his entire family would be inculpated in some case. The Respondent/husband stated that the conciliation between them did not materialize and both of them were living separately since 2015 and because of the indecent behaviour of the Appellant/wife, his image before the society has completely ruined and the people used to laugh at him. The Respondent/husband, therefore, in these circumstances, preferred a divorce Petition before the Court to arrest any untoward incident in future.

5. The Appellant/wife in her reply, denied the allegations levelled against her and stated that the Respondent/husband used to drink a lot and in a state of intoxication, used to torture her and also demanded money, which could not be fulfilled by her. She further stated that under these circumstances, since she had no other means to survive, therefore, she went to stay at her parental house and because of such mental torture, she tried to commit suicide by consuming phenol and thereafter, when she was discharged from the hospital, she was staying at her parental house. She further stated that the Respondent/husband never turned up to take her back with him but she always wanted to stay with him.

6. On the pleading of the parties, the learned Family Court framed the issue on adultery and found it to be proved, thereby, a decree of dissolution of marriage was passed. Being aggrieved by the said order, the present Appeal by the wife.

7. Learned Counsel for the Appellant submits that the adulterer was not made a party in the suit and placed reliance on Shilpa Hardaha vs Praveen Kachhwaha reported in 2023 SCC OnLine MP 1392 to submit that in such case, in the matrimonial dispute, the High Court held that the adulterer is a necessary party. She also refers to Rule 366 of High Court of Chhattisgarh Rules, 2007 to submit that according to the said Rule,