(Guest)

Need sc citation - adultery case is not mandatory

Respected Lawyers and Members,

In one of my friends divorce case, he filed for divorce on mental cruelty and also mentioned a third person related to his wife's as some part of adultery (things happened in real). Where his wife's side lawyer asking for why you haven't filed a case on adultery. But, the thing is he filed on mental cruelty. Is there any SC citation/judgement regarding where there is no case to be filed mandatory on adultery.

If there is a citation of SC, could anyone please provide. wherein it helps the case alot.

Thanks & Regards

Balaji

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3 Replies

saravanan s (legal advisor) 12 June 2015

divorce can be filed under any of the grounds mentioned u/s 13 hma(in case your friend and his wife both are hindus).your friend had added someone as a second respondent along with his wife accusing adultery as a charge.although the claimed grounds of divorce is cruelty your friend had also got adultery as a additional ground for divorce which could have made the case strong

(Guest)

Hi Sir, thank you for ur valuable time for rply. I agree with ur point on the case gets stronger for getting divorce. But the thing is my frnd didnt added adultery grounds and more he dont want to go into filing cases or putting himself into mud. for winning the case required any SC citation where there is no necessity in filing case on adultery even if included in divorce petition. If so please help us with the citation. Thank you.