Adultery
Satish
(Querist) 30 May 2009
This query is : Resolved
Whether it is necessary to make adulter as co-respondent in a divorce case filed on the ground of cruelity and adultery by the husband.
A V Vishal
(Expert) 30 May 2009
Dear Satish,
It has to be proved than the accused has adulterous connection in a criminal case, if this is proved then it is sufficient for judicial separation under Hindu Marriage Act. Since this is already proved there is no necessity to make adulterer as a respondent in a divorce case filed on the ground of cruelty and adultery by the husband.
Section 497. Adultery: Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall be punishable as an abettor.
10. Judicial separation.- (1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition to the district court praying for a decree for judicial separation on the ground that the other party-
(a) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or
(b) has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party; or
(c) has, for a period of not less than one year immediately preceding the presentation of the petition, been suffering from a virulent form of leprosy; or
(d) has, immediately before the presentation of the petition, been suffering from venereal disease in a communicable form, the disease not having been contracted from the petitioner; or
(e) has been continuously of unsound mind for a period of not less than two years immediately preceding the presentation of the petition; or
(f) has, after the solemnization of the marriage, had sexual intercourse with any person other than his or her spouse.
Explanation.-In this section, the expression "desertion", with its grammatical variations and cognate expressions, means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the willful neglect of the petitioner by the other party to the marriage.
(2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.
SANJAY DIXIT
(Expert) 31 May 2009
Yes.
Adulter should be made co-respondent in the suit for divorce or judicial seperation where adultery has been taken as a ground.
There are High Court Rules made for divorce and marriages which says that leaving some exceptions or so permitted by the court, Adulter should be a part in the case based on adultery.
S. 11 of Indian Divorce Act also says in this regard:
11. Adulterer to be co-respondent.
Upon any such petition presented by a husband, the petitioner shall make the alleged adulterer a co-respondent to the said petition, unless he is excused from so doing on one of the following grounds, to be allowed by the Court –
(1) that the respondent is leading the life of a prostitute, and that the petitioner knows of no person with whom the adultery has been committed;
(2) that the name of the alleged adulterer is unknown to the petitioner, although he has made due efforts to discover it;
(3) that the alleged adulterer is dead.
B.B.R.Goud.
(Expert) 31 May 2009
i do agree with learned friends
Manish Singh
(Expert) 11 June 2009
yes mr. dixit has given a right opinion.
but the indian divorce act shall apply only to the mariages performed under the christian marriage act
