AIR 1988 KERALA 314 ::(1987) 2 CurCC 72 ::(1987) MatLR 366 ::(1987) 1 Ker LT 504 ::(1987) 6 Reports 247

Kerala High Court

Hon'ble Judge(s): V. S. Nair, M. M. Pareed Pillay , JJ

Hindu Marriage Act (25 of 1955) , S.13(1), S.21— Kerala High Court Rules (1963) , R.11(a), R.11(d), R.11(d)— (framed under S.21) - Petition by husband for divorce on ground of wife's adultery - Adulterer not joined as corespondent under R.11(a) - No petition under R.11(d) to dispense with his joinder filed - Petition for divorce is not maintainable. R. 11(a) is mandatory. It enjoins that in a petition for divorce on the ground that the respondent is living in adultery, the petitioner shall implead the adulterer as co-respondent. Under R.11(d) the petitioner can make an application supported by an affidavit for leave to dispense with the joinder of the adulterer in cases covered by R.11(d). Therefore, where in the petition for divorce by the husband under S.13(1) on the ground of wife's adultery the adulterer was not impleaded as corespondent and no application accompanied by an affidavit was filed under R.11(d) for leave to dispense with the joinder of the adulterer as co-respondent, the petition for divorce is not maintainable and the adulterer cannot be impleaded as co-respondent at a later stage.(Para 3 4 5) .....