Civil Procedure Code, 1908
Order 1 Rule 10—Rejection of application filed by wife seeking impleadment of adulterer—Challenged—Divorce petition filed by husband on ground of cruelty—Allegation made by wife against husband that he is in illicit relationship with a lady and as per husband this allegation is absolutely false and incorrect—When decree of divorce is not being sought against the wife on the ground of adultery, then the adulterer is not a necessary party—If the wife failed to prove allegation of adultery leveled against the husband and ultimately the court comes to the conclusion that the wife without having any proof or foundation defamed the husband and his family members, can grant decree of divorce, if according to the court the said conduct of the wife comes within the ambit of cruelty—Impugned order passed by the Family Court rejecting application of wife to implead adulterer as a party does not suffer from any material illegality or irregularity which warrants any interference from the High Court—Petition dismissed. [Hindu Marriage Act, 1955, Section 13(1)(ia)]
[Para 15]