The Telangana High Court has made it clear that in divorce seeking cases on the ground of adultery, it is mandatory to joinder the alleged adulterer as a co-respondent, to adjudicate the controversy. Justice Laxmi Narayana Alishetty noted that as finding of adultery would adversely affect the interests of the adulterer, an opportunity should be given to the individual to defend himself and to disprove the charges. The judge was dealing with a civil revision petition challenging the orders of the family court, which refused to implead the alleged adulterer in the divorce petition on the ground of adultery and cruelty.
One Phani Raghavulu from Hyderabad city filed a petition for dissolution of marriage with his wife before the family court at Hyderabad on the ground of cruelty and adultery on the part of his wife, who allegedly had a relationship with one Kranthi Kondapally, which was continuing even after marriage. The husband found some emails, which showed that his wife was still in touch with Kranti and had gone in for abortion. In the said circumstances, he prayed to implead Kranti as respondent in the divorce petition.
But, the family court rejected the plea and it also did not consider the husband’s submission that Kranti’s wife also got a decree of divorce with her husband on the ground that her husband had an illegal relationship with his (Phani’s) wife. In the said circumstances, Phani Raghavulu filed a petition before the High Court. Justice Laxmi Narayana afte.