The Delhi High Court recently ruled that an alleged adulterer is neither a necessary nor a proper party to a divorce petition and does not need to be heard before passing an order in the divorce case between the husband and wife.
A Division Bench of Justices Rajiv Shakdher and Amit Bansal stated that a divorce petition is a dispute centered around the couple who entered into matrimony, and a third party who does not claim the status of a spouse has no standing to intervene or seek involvement in such a matter.
“The alleged adulterer is, to our minds, not a necessary party as a decree can be passed in his/her absence. Likewise, the adulterer is not a proper party since the issue concerning adultery can be adjudicated without making the adulterer a party to the cause. Proof of adultery need not be conflated with who should be arrayed as a party to a divorce action,” the Court said.
The Bench further noted that the alleged adulterer could be summoned as a witness or other evidence could be presented before the family court to prove adultery.
The Court made these observations while addressing an appeal filed by a woman challenging a family court's order denying her request to dismiss the divorce petition filed by her husband.
It was argued that the divorce petition was based on three grounds: cruelty, adultery, and desertion.
The wife contended that the allegations of desertion were unfounded, and concerning the accusations of adultery, the alleged adulterer was not made a party to the case.
After reviewing the arguments, the Bench stated that contradictory pleadings regarding the accusation of adultery, if considered independently, cannot lead to the summary dismissal of the divorce petition.
The Court also noted that the wife did not dispute the assertions of cruelty made in the divorce petition by the respondent/husband.
“Thus, given the fact that allegations concerning cruelty are embedded in the divorce action, the petition cannot be rejected in a piecemeal manner upon an application being moved under Order VII Rule 11 of CPC.”
Consequently, the Court rejected the appeal.
Advocates Prateek Goswami, Dhiraj Goswami, and Shashank Goswami represented the appellant wife.
No one appeared for the petitioner.
TAGS: Adultery Divorce Court Summon Petitioner Marriage Delhi High Court
