RAJENDRA BABU Vs. SREEKUMARI

JUDGEMENT

(1.) Revision petitioner is the husband who filed O. P. (HMA) 264 of 1986 against his wife (respondent) on the ground of desertion, cruelty and adultery. Husband filed I. A. 2819 of 1990 to dispense with the joinder of adulterers as corespondents. The petition was filed under R.11 of the Hindu Marriage (Kerala) Rules, 1963. The application was dismissed by the Sub Judge holding that the petition is without any bona fides.

(2.) In Para.9 of the petition it is stated that the respondent is leading an immoral life and she is having voluntary sexual intercourse with other persons. It is further stated that the Petitioner had no occasion for any physical contact with the respondent after she deserted him and later on he came to know that she was admitted in the Cosmopolitan Hospital in September, 1985 and that she underwent an operation for aborting illegal pregnancy. In the interlocutory application it is stated that the petitioner made due and diligent enquiries to find out the name and address of the adulterers and despite his best efforts he could not get any information. Counsel for the revision petitioner submitted that the above allegations would amply justify the relief sought in the petition and the Court below erred in dismissing it.

(3.) R.11(d) enables the petitioner to dispense with the joinder of the adulterer as corespondent in certain cases. Joinder of the adulterer as corespondent can be dispensed with under any of the following grounds :