2025 Supreme(Online)(Mad) 21449
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Ms. P.T. Asha, J
R.Giridharan – Appellant
Versus
T.S.Arthi – Respondent
C.R.P.PD.No. 408 of 2025 | C.M.P.No.2536 of 2025
For the Appellants/Petitioners: Mr.Venkataraman for M/s,Tatva Legal Chennai
For the Respondents: Mr.K.Muthu, Mr.V.Sekar
The involvement of an additional party is essential in divorce proceedings involving allegations of extramarital affairs to ensure a comprehensive legal resolution.
Headnote:The Court examined the validity of an order from the Family Court regarding the impleading of a party in a divorce case, citing Article 227 of the Constitution. The case involved allegations of cruelty and adultery stemming from extramarital relationships. The Court concluded the necessity of the additional party for a comprehensive resolution of the case, dismissing the revision petition. The order by the Family Court was upheld, emphasizing the relevance of the 2nd respondent's involvement.
| Table of Content |
|---|
| 1. background details of the marriage and allegations of infidelity. (Para 2 , 3 , 4 , 5) |
| 2. arguments regarding the need to include additional parties in the divorce petition. (Para 6 , 7 , 8 , 10) |
| 3. court’s decision based on the necessity of the additional party in the divorce proceedings. (Para 11 , 12 , 14) |
ORDER
Challenging the order passed by the Family Court, Salem in I.A.No.7 of 2024 in H.M.O.P.No.357 of 2023, the 1st respondent /
husband is before this Court.
2. The said I.A was filed by the 1st respondent herein/the wife to implead the 2nd respondent herein in the divorce petition. In order to appreciate the order passed in the above Interlocutory application, it is necessary to briefly touch upon the facts that has culminated in the filing of the above C.R.P.
3. The 1st respondent herein, who is the legally wedded wife of the petitioner herein, has filed H.M.O.P.No.357 of 2023 on the file of the Family Court, Salem seeking to dissolve the marriage solemnized between her and the revision petitioner herein on 07.06.2012 at Guruvayur. It is her case that she and the revision petitioner had got married on 07.06.2012 and out of the wedlock, their 9 year old son, Gurubaran was born. It is her case that the revision petitioner is a native of Coimbatore and engaged in a real estate business. The 1st respondent was a dutiful house wife who was taking care of her mother-in-law, the house and her family. At the time of her marriage, she had been given 300 sovereigns of gold coins and jewels and cash of nearly 1.2 crores. That apart, a car was also given as sridhana on the demand of the revision petitioner and his mother. For the first 6 years, the marital life was very happy and thereafter, there was a sea change in the behaviour of the revision petitioner and over a period of time, there was no affection on his part. On 02.02.2020, the 1st respondent came to learn about the illegal intimacy that the revision petitioner had with the 2nd respondent, who was a married women, running a Spa in Coimbatore.
4. It is the case of the 1st respondent that she had immediately brought the fact to the notice of her parents as well as her mother-in-law on 05.02.2020. Her parents had enquired about this fact with the revision petitioner and his mother. However, the revision petitioner had given a reply that the 2nd respondent wanted to grab the revision petitioner's money and was therefore spreading false information in public. She was thereafter informed that the revision petitioner and his family had reached a peaceful resolution of the problem with the 2nd respondent. The 1st respondent believed these words and continued to live with the revision petitioner and on 10.06.2020, she had left for Coimbatore. However ,to her shock, she came to learn that contrary to what she had been told, the revision petitioner was continuing to live with the 2nd respondent and not only that, but he had married her and through this marriage, he had a 2 year old son. With a great difficulty, the 1st respondent had obtained a evidence for the above and she also came to know that her mother-in-law Jothimani was in active collusion with the revision petitioner. The 1st respondent had come to learn that a baby boy was born to them on 28.02.2020 at Shiva Hospital in Coimbatore. The child had also been admitted into School and the father's name is that of the revision petitioner. The birth certificate of the child also shows the revision petitioner as his father. She also came to learn that the revision petitioner would visit the
2nd respondent at her residence at Krishna Garden near Navakarai.
5. The 1st respondent further contended that this extra marital relationship and the presence of the 2nd respondent and her child was known to all including the revision petitioner's staff. When the 1st respondent had confronted the revision petitioner with this information he reluctantly admitted the same and also informed her that things would continue as it is a