Madras High Court: Adulterer Must Be Party in Divorce Case Between Husband and Wife

The Madras High Court ruled that in divorce cases based on adultery, the alleged adulterer must be made a party unless their identity is unknown or untraceable.

Further, it held that failing to do so makes the divorce plea non-maintainable. The Court emphasized that the accused must have a chance to defend themselves to prevent unfair stigma.

The ruling came after a man accused his wife of adultery and sought divorce. The trial court granted the divorce, but the High Court overturned it, citing vague allegations and procedural flaws.

The Bench noted that under the Hindu Marriage Act, 1955, a third-party adulterer is not included in divorce cases, but the Divorce Act, 1869 requires them to be made a respondent.