EDWARD D LIMA Vs. LIN D LIMA

JUDGEMENT

(1.) Challenge in this writ petition under Article 227 of the Constitution is made, to an interlocutory order dated 3.9.2012, passed by the Principal Judge, Family Court, Jabalpur in Civil Suit No. 343-A/2011, by which an application filed by the petitioner under Order I Rule 10 of the Code of Civil Procedure, for impleading respondent No. 2 as a party to the proceedings has been rejected.

(2.) Respondent No. 1 wife has filed a suit for divorce under section 10 of The Indian Divorce Act, 1869 (hereinafter referred to as 'Act of 1869), on the ground of desertion and cruelty. Annexure P/1 is a copy of the plaint tiled by her. In reply to the allegations made in the plaint, petitioner has filed a reply vide Annexure P/2 and in the said reply certain grounds of adultery are alleged against the respondent. On the ground that the adulterer is a necessary party in view of the allegations made by the petitioner in the written state- ment, the application under Order I Rule 10 CPC was filed for impleading the adulterer as a respondent in the suit in question. The learned Court below after taking note of the provisions of section 10 of the Act of 1869, has held that the adulterer cannot be impleaded as a respondent and has rejected the application. Against, the dismissal of the application, this writ petition is filed.

(3.) Referring to the rules framed by the High Court and the Act of 1869; and, by referring to sub-rule (ii) of Rule 7 so also to Rule 4, it is stated that in rejecting the application the Court below has committed grave error and, therefore, interference be made and the application filed under Order 1 Rule 10 CPC be allowed.