RAMA DEY (DHAR) Vs. SAMIR DHAR

JUDGEMENT

(1.) The appeal is heard and disposed of today by the consent of the parties.

(2.) The short question, which arises in this appeal, is whether under the Hindu Marriage (Gauhati High Court) Rules, 1988 it is necessary to implead the alleged adulterer as a party in a petition where the petition for divorce has not been filed on the ground of adultery and it is the defence of the respondent spouse that the petitioner spouse is not entitled to divorce or judicial separation on the ground that since the petitioner spouse is at fault because he is living in adultery, he cannot be granted any relief.

(3.) Since we are disposing of the matter on a legal issue we do not want to give the facts in detail. The parties were married in the year 1984. The respondent-husband filed the petition for divorce in the year 2011 on two-grounds : (1) that the wife had treated him with cruelty, and (2) that the wife had deserted him. The wife who has filed the present appeal before us in her written statement alleged that in fact she had not willingly left the company of her husband. Her allegation was that she was thrown out by the husband because he had developed relations with another lady "P" (name withheld). The allegation of the wife is that since the husband is having an adulterous relationship with "P" and has got married to "P" and out of this wedlock a child has also been born, the husband is not entitled to divorce because he is the adulterer, the wrong doer and therefore, there is sufficient cause for the wife to live separately.