Suit for adultery is not maintainable where the adulterer though known to the plaintiff, is not made a party
I follow the principles laid down in the case of D. Thomas v. Tara, AIR 1978 Mad 415 (FB), where the Court held that a suit for adultery is not maintainable where the adulterer though known to the plaintiff, is not made a party. The dissolution of marriage on the said ground is not at all maintainable. It is true that the said case was dealing with Section 11(i) of the Divorce Act, 1869 and the said section itself provided for impleading the adulterer as a co-respondent. In my opinion, it makes no difference whether the said constraint is provided either by the Act or by the Rules.
Patna High Court
Rabindra Prasad vs Sita Devi on 12 February, 1985
Equivalent citations: AIR 1986 Pat 128
