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.

ORDER

1. This petition is arising out of the order passed by the Family Court in a pending petition of divorce and as such, with the consent of learned counsel for the parties, the matter is finally heard.

2. This petition is under Article 227 of the Constitution of India filed against the order dated 17.3.2021 passed in a case No.847 of 2019 wherein the application of the wife/ present petitioner filed under Order 1 rule 10 of the Code of Civil Procedure has been rejected by the Court i.e. First Additional Principal Judge, Family Court, Bhopal.

3. The facts in compendium leading to filing of the instant petition are as under :--

(3.1) A petition has been filed by the respondent/husband under section 13(a)(c) of the HINDU MARRIAGE ACT , 1955 seeking decree of divorce against the wife/present petitioner on the ground of cruelty.

(3.2) The ground of cruelty is based upon the allegations made by the wife/present petitioner against the husband/respondent that he is in illicit relationship with one Sanghmitra Singh and as per the husband this allegation is absolutely false and incorrect.

(3.3) In the divorce petition, the cause of action arose only when the wife alleged illicit relationship of the husband/respondent with Sanghmitra Singh in the year 2009 and started quarrelling with the husband/respondent and thereafter the situation was continued and as such, in the year 2019, a petition seeking decree of divorce was filed by the husband/respondent.

(3.4) As per the allegations made in the plaint and ground of cruelty created by the husband that the wife/present petitioner has made false allegations of illicit relationship with Sanghmitra Singh and that illicit relationship was also flourished by her intimating the friends and other relations of the husband/respondent and as such, defamed the husband and his family members and on those grounds, she left the house of the husband/respondent and thereafter she filed a petition of divorce in the Court of Jabalpur, but later on, she withdrew petition of divorce.

(3.5) The parties have adduced their evidence and the case is at the state of passing the final judgment. In that situation, an application has been filed by the wife/present petitioner under Order 1 rule 10(2) r/w section 151 of the CPC so as to make Sanghmitra as a party saying that the allegation of adultery made by the wife/present petitioner against the husband/respondent and the husband is asking for decree of divorce on the ground of cruelty saying that by making false allegation of illicit relationship with Sanghmitra, the husband and his family members have been defamed and as such, it amounts to cruelty and decree of divorce on the basis of cruelty has been sought by filing petition under section 13 of the HINDU MARRIAGE ACT by the husband.

(3.6) In the application submitted by the wife, it is claimed that in the existing circumstances, the lady Sanghmitra is a necessary party and without making her as a party in the matter, proper adjudication of dispute between the parties cannot be made.

(3.7) The application was replied saying that the suit can be decided without impleading Sanghmitra as a party. It was further replied that only on the basis of false allegations, it is not appropriate to call the said person in the Court and to implead her as a party in the litigation.

(3.8) The Family Court after considering the application and reply filed thereto and also the submissions made by the counsel for the parties had rejected the application by the impugned order dated 17.3.2021 saying that the allegation with regard to illicit relationship of the husband with other ladies including Sanghmitra though made,