SIKHA SINGH Vs. DINA CHAKRABARTY

JUDGEMENT

(1.) This re-visional application at the instance of a co-respondent in a Matrimonial Suit is directed against an order rejecting her prayer for striking out her name from the category of co-respondent.

(2.) Opposite party No. 1 instituted the suit for a decree of divorce against opposite party No. 2 on the ground of adultery under Section 27 of the Special Marriage Act, 1954. In this suit the wife opposite party No. 1 alleged acts of cruelty and adultery on the part of the husband opposite party No. 2. It is further alleged that the husband committed acts of adultery with the petitioner herein who was made a co-respondent in the suit. The wife also claimed damages against the co-respondent.

(3.) In this suit, the petitioner co-respondent filed an application under Order 1, Rule 10 of the Civil P.C. for striking out her name. It was contended before the court below that there is no provision in the Special Marriage Act permitting joinder of a woman as a co-respondent in a wife's suit for divorce on the ground of adultery and that the Rules framed under the Act does not contemplate such a procedure and even if it intended to do so, it acted in excess of the powers conferred by the Act.