sanjay kumar solanki 07 March 2019

summon to third party

if a wife suspect and accuse her husband for adultery or affair with another girl or woman then can that third party girl or woman for this inquiry called in court in dv case though a wife hasnt any proof against husband and that girl?is that not a case of human insult or spoiling prestige of other woman?can that other woman file any case agaist that wife?

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Adv. Deepak (Advocate) 07 March 2019

Adultery by husband is a domestic violence on wife. In Dv case that third party girl cannot be called for enquiry. However the burden of proving that there is no adultery and the claim of wife is false lies on husband. In subsequent proceedings, if wife files Divorce petition on the ground of adultery, then that third party girl can be made party and may be called for enquiry.