MOHIT MITTAL Vs. KANIKA JAIN

JUDGEMENT

(1.) The present appeal has been filed by Mr. Mohit Mittal (hereinafter referred to as "appellant'), against the order dtd. 5/12/2020 of learned Principal Judge, Family Court, East District, Karkardooma, Delhi dismissing the appellant's application under Order VI Rule XVII of Civil Procedure Code (hereinafter referred to as 'CPC') for impleading Sh, Vijaydeep Siddharth, the alleged adulterer and parents of Ms. Kanika Jain (hereinafter referred to as 'respondent') as the party to the proceedings.

(2.) Facts in brief are that the appellant got married to respondent on 27/4/2016 at Delhi and got separated on 2/7/2016. A petition for annulment of marriage under Sec. 12 (1) (c) read with Sec. 13(1) (ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act, 1955') was filed by the appellant essentially on the grounds that the respondent was having pre-marital affair with one of her colleagues which continued after her marriage and even after the respondent left the matrimonial home. The respondent's behaviour reflected that she had planned for a divorce even before the marriage and had played a fraud.

(3.) During the trial, the appellant moved an application under Order VI Rule XVII of CPC, which was orally requested to be treated under Order I Rule X of CPC. The appellant had sought to implead Mr. Vijaydeep Siddharth, the colleague of the respondent, along with Mr. Surya Kant Jain and Mrs. Kamlesh Jain, the parents of the respondent being necessary and proper party to the petition.