• Can any other person apart from my wife be a party in my divorce?

Dear Sir,
I was married on June 2012 at Uttrakahnd
She registered a 498a/406 against me.
She also filled DV act and section 125
I also filed a case against a person(Mr. XYZ)  under section IPC 497 who is in illicit relationship with my Wife.
I also Filled Section 9 later it was withdrawn with liberty to file divorce by court.
A case under 452 & other similar section is also registered against my wife, Mr. XYZ & her father. as she entered my office & damaged my office in year 2012. Summon is still not severed. I have taken order to serve summons via special messenger/process server.

Now i am filling divorce on the ground of cruelty & adultery.

can i make my Mr. XYZ (he has illicit relation with my wife IPC 497 pending) a party in my case?

please also forward any judgement  in this case.

for other details please also refer my previous question? title given below

Should I file annulment of marriage or contested divorce? asked on 27th May 2015

regards
Asked 1 year ago in Family Law from Noida, Uttar Pradesh
Religion: Hindu
1. You are going to seek divorce from your wife. So you cannot make XYZ as a party. 

2. The illicit relation between XYZ and your wife entitles you to prosecute the former, which you have already launched.

3. In divorce proceedings the court is only going to record a finding as to whether you are entitled to divorce or not.

4. Annulment has no legal meaning here. File for divorce.
Ashish Davessar
Advocate, Jaipur
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1) if you are accusing your wife of adultery and filing for divorce on grounds of adultery you have to make her lover a co respondent in your divorce case 

2) you have to prove allegations of adultery in order to be granted on said ground 
Ajay Sethi
Advocate, Mumbai
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1229 Consultations
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In ARUN KUMAR AGARWAL v. RADHA ARUN 4, a Division Bench of Karnataka High Court observed similarly under similar circumstances as follows: "Where such adulterer is named in the petition and evidence is let in to show that the spouse had intercourse with such person, the Court will have to record a finding that the spouse had a voluntary sexual intercourse with such named person. There is no gain-saying that such a finding/decision will adversely affect the reputation of the person who is alleged to have committed the adulterous act. Public interest and principles of natural justice require that the person concerned should have an opportunity to defend his reputation before such a finding is recorded. It is precisely for this reason that Rules framed by several High Courts (Allahabad, Andhra Pradesh, Mumbai, Delhi, Gujarat, Himachal Pradesh, Kerala, Chennai, Orissa, Patna, Punjab and Rajasthan) specifically require that the alleged adulterer should be impleaded as a co-respondent in a petition under S.13(1)(i) of Hindu Marriage Act, even though no relief may be claimed against him.

As observed by a Division Bench of Calcutta High Court in Sikha Singh v. Dina Chakrabarty, AIR 1982 Cal 370, the Rule requiring joinder of the adulterer as a co-respondent proceeds on a public policy to prevent collusion and character assassination."
Ajay Sethi
Advocate, Mumbai
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Adultery is one of the major reasons for getting divorce and one can easily obtain divorce. But proving the adultery is not easy.If you are taking adultery is one of the main ground for seeking divorce ,it is better to impleaded the lover of your wife as a co-respondent in a petition under S.13(1)(i) of Hindu Marriage Act, even though no relief may be claimed against him. He is only a proper party, though not necessary party.

In the proceeding under Section 13(1)(i) of HM Act, when the spouse and alleged adulterer are impleaded as respondents, the alleged adulterer is improperly joined as a Respondent. Therefore the alleged adulterer will be a proper party to a proceedings under Section 13(1)(i) of HM Act
Ajay N S
Advocate, Ernakulam
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The adulterer has to be impleaded as a party to complaint under 497, he will be made as an accused in the complaint to be lodged before the police for the said offence.  In the divorce case, if pleaded on the grounds of adultery, he will impleaded as 2nd respondent.  This is provision of law, you dont need any judgement for this. 
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
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