Supreme court judgement on adultery

Querist : Anonymous (Querist) 23 October 2010 This query is : Resolved
Dear Experts,

In one of my case i am for respondent wife. her husband has filed divorce on adultery and cruelty i.e u/s 13(1)(i)(ia) of HMA,1955. in this case the husband has charged wife for adultery that to without co respondent. i would like to know that without co respondent can he charge for adultery. Do you have any supreme court judgement which states that co respondent is mandatory or matter will be dimissed

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Devajyoti Barman (Expert) 23 October 2010
In matrimonial proceeding there no co respondent is supposed to be added. One can still prove adultery in absence of making the concerned person a party to the suit.

Adv Archana Deshmukh (Expert) 23 October 2010
I don't know about the SC judgement but yes there are certain HC judgements, I've read, I don't remember the citation, where the paramour of the wife is considered as a necessary party in a petition for divorce on the ground of adultry.

Kirti Kar Tripathi (Expert) 23 October 2010
i agree with Adv. Archana.

s.subramanian (Expert) 24 October 2010
Mr.Barman is right. No co respondent need be impleaded mandatorily.

Arun Kumar Bhagat (Expert) 24 October 2010
It is settled law that the burden to prove its case lies with the prosecution. In your case it is the husband who has to prove his case i.e. to prove adultery by your client/wife. Your defence would be simple denial. In criminal trial the paramour can be made accused but in divorce case I have never came across any case where the paramour or kept ( sorry Indira Jaisingh will object)/ CONCUBINE is impleaded as co-respondent. In my view it is not necessary rather imperssible or misjoinder of party.

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