K C P MATHEW Vs. MARY

JUDGEMENT

(1.) The petitioner in this writ petition filed under Art.227 of the Constitution of India is the husband of the 1st respondent herein. He filed O.P. 340/2003 (Ext. P1) on the file of the Family Court, Manjeri under S.7(1)(a) of the Family Court's Act, 1984 read with S.10 of the Indian Divorce Act, 1869 for a decree of divorce against the first respondent on the ground that the 1st respondent wife had committed adultery. During the pendency of the said petition, the petitioner herein filed I. A. 397/2005 (Ext. P2) under O.1 R.10 CPC. for impleading two persons by name Moncy and Jaison as additional respondents 3 and 4 alleging that they are coadulterers. The petitioner also filed I.A. No. 398/2005 (Ext. P3) under O.1 R.10(3) CPC. for amendment of the cause title of Ext. P1 O.P. to show the names of the aforesaid two persons as additional respondents 3 and 4. Both the above applications were opposed by the 1st respondent wife. The Family Court as per common order dt. 11-4-2005 (Ext. P4) dismissed the said applications. It is the said common order which is assailed in this writ petition filed by the petitioner - husband.

(2.) I heard the learned counsel for the petitioner as well as the learned counsel appearing for the 1st respondent wife.

(3.) Assailing the impugned order the learned counsel for the petitioner made the following submissions before me:-