Alleged adulterer has to be made party in divorce petitions: Telangana HC

Justice Laxmi Narayana Alishetty noted that as finding of adultery would adversely affect the interests of the adulterer, an opportunity should be given to the individual to defend himself and to disprove the charges.

The judge was dealing with a civil revision petition challenging the orders of the family court, which refused to implead the alleged adulterer in the divorce petition on the ground of adultery and cruelty.

One Phani Raghavulu from Hyderabad city filed a petition for dissolution of marriage with his wife before the family court at Hyderabad on the ground of cruelty and adultery on the part of his wife, who allegedly had a relationship with one Kranthi Kondapally, which was continuing even after marriage.

The husband found some emails, which showed that his wife was still in touch with Kranti and had gone in for abortion. In the said circumstances, he prayed to implead Kranti as respondent in the divorce petition.

But, the family court rejected the plea and it also did not consider the husband’s submission that Kranti’s wife also got a decree of divorce with her husband on the ground that her husband had an illegal relationship with his (Phani’s) wife.

In the said circumstances, Phani Raghavulu filed a petition before the High Court.

Justice Laxmi Narayana after perusal of the details and facts faulted the family court for its decision. He also pointed out the trial court should have perused the Rule 8 of the Rules framed under the Hindu Marriage Act, 1955, which clearly states that if the husband’s petition alleges adultery by his wife, the alleged adulterer shall, if he is alive, be made co-respondent in the petition.

Justice Laxmi Narayana observed that the trial court committed irregularity and illegality in dismissing the application filed by the husband and therefore, the impugned order is unsustainable and is liable to be set aside.