LAW FOR ALL

It is precisely for this reason that Rules framed by several High Courts (Allahabad, Andhra Pradesh, Mumbai, Delhi, Gujarat, Himachal Pradesh, Kerala, Chennai, Orissa, Patna, Punjab and Rajasthan) specifically require that the alleged adulterer should be impleaded as a co-respondent in a petition under S.13(1)(i) of Hindu Marriage Act, even though no relief may be claimed against him. "Co-respondent-(1) Where a husband's petition alleges adultery on the part of respondent, the alleged adulterer shall if he is living be made a co-respondent in the petition: Provided, however, that in case the adulterer's name, identity or whereabouts are unknown to the petitioner inspite of reasonable inquiries made and the Court is satisfied that it is just and expedient so to do, it shall, on the application of the petitioner, dispense with the naming of the co-respondent. (2) In every petition under Sec. 13(2) of the Act the petitioner shall make 'the other wife' mentioned in that Section a co-respondent. (3) In every petition under Sec.11 of the Act, on the ground, that the condition in Sec. 5(i) is contravened, the petitioner shall make the spouse, alleged to be living at the time of the marriage, a co-respondent." - THERE can be no doubt that in a proceeding where the Court has to decide whether the spouse of the petitioner had voluntary sexual intercourse with another person, by adding such person (alleged adulterer) as a Respondent, the Court would be in a better position to effectually and completely adjudicate upon the controversy. Nor can it be said that in a proceeding under S. 13(1)(i) of H.M. Act, when the spouse and alleged adulterer are impleaded as respondents, the alleged adulterer is improperly joined as a Respondent. Therefore the alleged adulterer will be a proper party to a proceeding under S.13(1)(i) of H.M. Act. The Family court and the learned single Judge merely concentrated on the fact no relief was sought against the Second Respondent. They, therefore, considered only whether the adulterer is a necessary party to a petition seeking divorce on the ground of adultery, but completely ignored that the alleged adulterer is a proper party.