Mandatory To Implead Alleged Paramour Of Spouse When Seeking Divorce On Grounds Of Adultery: Delhi High Court

The Delhi High Court has held that it is not only necessary but mandatory to implead the alleged paramour of one's spouse when seeking divorce on the ground of adultery.A division bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar observed,“The procedural framework governing such (divorce) petitions requires that full particulars of the alleged matrimonial offence (adultery) be furnished, including the identity of the person alleged to be involved. Courts have consistently required impleadment of such person to ensure fairness in adjudication. This requirement is not one of mere procedural convenience, but stems from the principles of natural justice as consistently recognised by judicial precedent.”The rationale behind this mandate, the Court said, is twofold:First, allegations of adultery, if proved, entail serious civil consequences and stigma upon the alleged paramour. “To record such findings without affording them a right of hearing would be contrary to the principle of audi alteram partem.” Second, the Family Court cannot effectively or fairly adjudicate the ground of adultery without the presence of the alleged participant. “This legislative mandate also underscores a policy choice that allegations of adultery, by their very nature, touch upon the reputation and dignity of a third party, and therefore justice requires that such person be given a fair opportunity to defend themselves.”The Court relied on Rajesh Devi v. Jai Prakash (2019) where the Punjab & Haryana Court held that a decree of divorce on the ground of adultery cannot be granted without impleading the alleged adulterer or adulteress as a party.Similarly, in Padmavathi v. Sai Babu7 , the Andhra Pradesh High Court held that even in the absence of an express statutory rule, the alleged adulterer/adulteress is a necessary and proper party to divorce proceedings under Section 13(1)(i) of the HMA.In the case at hand, the wife had sought divorce from on grounds of adultery and cruelty by the husband. In support of her allegation, she impleaded R-2 (alleged paramour) as co-respondent in the petition.Though the Respondent no. 2 sought deletion of her name from the array of parties, the Family Court dismissed her application. Aggrieved, she moved the High Court.The High Court said there is no infirmity in the Family Court's refusal to strike off her name inasmuch as “impleadment of the alleged paramour in a proceeding founded upon adultery is not only necessary but also mandated by statutory rules and principles of natural justice.”Appearance: Mr. Prateek Chaudhary, Adv. for Appellant; Prashant Ghai, Adv for R1. Mr. Prashant Singh, Adv for R2.Case title: Tanvi Chaturvedi v. Smita Shrivastava & AnrCitation: 2025 LiveLaw (Del) 1041Case no.: MAT.APP.(F.C.) 251/2025Click here to read order

Mandatory To Implead Alleged Paramour Of Spouse When Seeking Divorce On Grounds Of Adultery: Delhi High Court

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