K N SUNIL KUMAR Vs. PREETHI PRASAD

JUDGEMENT

(1.) THE appellant is the petitioner in W. P. No. 2440/04. The 1st respondent is his wife and she was impleaded as 1st respondent in the writ petition. Respondents 2 to 4 herein were respondents 2 to 4 respectively in the writ petition. Though notice has been served on respondents 2 and 3, they have not entered appearance through a Counsel. Though respondent-1 had appeared through a Counsel, sri Vasudevan, the said Counsel has filed a memo withdrawing from the case. Respondent-4 is represented by Counsel, Sri Chikkavenkataiah.

(2.) WE have heard the learned Counsel for the appellant and the learned Counsel for the 4th respondent.

(3.) THE appellant had filed a petition for divorce in the Family Court, bangalore, as M. C. No. 523/99. Divorce was sought on the ground of cruelty and adultery. Respondents 2 to 4 are the alleged adulterers and they were impleaded as respondents in M. C. No. 523/99. By order dated 8-10-2002, the Family Court held that the petition was not maintainable against respondents 2 to 4. According to the Family Court, the presence of respondents 2 to 4 is not necessary in the proceedings since the petitioner has not sought any relief against them. The Family Court further held that the adulterer is not a necessary party in proceedings under the Hindu marriage Act. Accordingly it was held that respondents 2 to 4 are not proper or necessary parties to the proceedings and the petition was dismissed as against them. Aggrieved by the order dated 8-10-2002 passed by the Family Court dismissing the petition as against respondents 2 to 4, the petitioner-appellant filed W. P. No. 2440/04 praying to quash the said order dated 8-10-2002 of the Family Court. The learned Single Judge by order dated 28-1-2004 dismissed the writ petition upholding the order of the Family Court. Hence this writ appeal has been filed.