Divorce Can Be Filed Even if Adulterer is Not Made Party to the Divorce Proceedings
- The Hon’ble Delhi High Court has decided the above legal position in a case wherein the wife had claimed that the husband’s petition for divorce on the ground of cruelty, desertion and adultery may be dismissed as the alleged adulterer was not made party to the divorce proceedings.
- The Hon’ble Delhi High Court pronounced that an alleged adulterer is a third party suspected of having an extramarital affair with the wife and there is no legal compulsion for making him party in a divorce proceeding.
- The Hon’ble Delhi High Court pronounced that the ground of adultery is personal in nature and against a wife/husband. The adulterer who is not claiming his/her rights as a spouse is not a mandatory party.
- The Hon’ble Delhi High Court pronounced that the adulterer may be called as a witness. The issue of adultery can be decided by considering evidence on record without making the alleged adulterer a party to the divorce case.
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