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THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.Swaminathan, R.Poornima, JJ
Meenakshi – Appellant
Versus
Kannan – Respondent
JUDGMENT :
(G.R. SWAMINATHAN, J.)
The question that calls for consideration is whether in a petition filed for divorce on the ground of adultery under the Hindu Marriage Act, 1955 , the alleged adulterer must be impleaded as a co-respondent ?.
2. The Division Bench of the Delhi High Court in the decision reported in 2024 SCC OnLine Del 5078 ( Shivi Bansal vs. Gaurav Bansal ) held that the alleged adulterer is not a necessary party as a decree can be passed in his or her absence and that the adulterer is not a proper party since the issue concerning adultery can be adjudicated without making the adulterer a party to the cause. This was followed by the Madhya Pradesh High Court in the decision reported in 2024 LiveLaw (MP) 240. The Karnataka High Court in the decision reported in AIR 2003 Karnataka 508 ( Arun Kumar Agarwal vs. Radha Arun ) took the view that the alleged adulterer is not a necessary party but a proper party. However, the Andhra Pradesh High Court in the decision reported in AIR 2000 Andhra Pradesh 328 ( Mirapala Venkata Ramana v. Mirapala Peddiraju ) declared that the adulterer is a necessary party and failure to implead him will lead to non-suiting the petitioner. The
The alleged adulterer must be impleaded as a co-respondent in divorce petitions based on adultery if known, to ensure fairness and discourage reckless allegations.
In divorce proceedings alleging adultery, the alleged adulterer must be joined as a co-respondent for effective adjudication, as mandated by Rule 8 of the Hindu Marriage Act.
A divorce petition can proceed without adding an alleged adulterer as a party unless the decree specifically seeks to address adultery as a ground for divorce.
In a divorce petition filed on the ground of adultery, the person with whom either party is having adultery relation must be made a party respondent.
Non-joinder of an adulterer is not fatal to a divorce case under the Indian Divorce Act if their identity is unknown, and DNA evidence can substantiate claims of adultery.
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