Adulterer must also be heard, says judge, sets aside divorce in matrimonial dispute case

IN a ruling on complying with the principles of natural justice (ensuring that no individual is condemned unheard, or fair hearing, or listen to the other side), the Madurai Bench of the Madras High Court has set aside a divorce order passed by a family court to a couple on the grounds of adultery, as the 'adulterer' was not impleaded in the case.

- EXPRESS NEWS SERVICE @ Madurai

A division bench of Justices G.R. Swaminathan and R. Poornima was hearing an appeal filed by the woman against the divorce order.

The bench said in divorce petitions on adultery grounds, if the petitioner is aware of the details of the alleged adulterer, then he or she must be made a co-respondent. Failure to implead the person in the petition would be fatal. If, according to the petitioner, the name of the adulterer or adulteress is not known or if the alleged adulterer or adulteress is dead, the petitioner can be excused from the requirement of impleading the alleged adulterer.