Adulterer to be co-respondent
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Summary
When a husband sues for divorce for adultery, he must make the person alleged to have committed adultery a co-respondent in the petition. The court may excuse him from naming that person if the respondent is leading the life of a prostitute and no partner is known, or if the adulterer’s name is unknown despite due efforts, or if the alleged adulterer is dead. If excused, the petition can proceed without a co-respondent.
Example
Ravi files a divorce petition saying his wife had an affair but, after checking messages and asking neighbours, he cannot discover the other man's name. The Court allows him to proceed without naming a co-respondent.
Bare Act
Enacted textUpon any such Petition presented by a husband, the Petitioner shall make the alleged adulterer a co-respondent to the said Petition, unless he is excused from so doing on one of the following grounds, to be allowed by the Court:-
(1) that the respondent is leading the life of a prostitute, and that the Petitioner knows of no person with whom the adultery has been committed;
(2) that the name of the alleged adulterer is unknown to the Petitioner, although he has made due efforts to discover it;
(3) that the alleged adulterer is dead.
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