Husband sought divorce alleging wife's cruelty and adultery; he impleaded the alleged adulterer as respondent. The impleading application was allowed below citing Karnataka precedent; the High Court held the proposed respondent a necessary party to an adultery-based matrimonial petition and dismissed the writ.
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NC: 2024:KHC:21753 WP No. 11963 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 11963 OF 2024 (GM-FC)
BETWEEN:
MANJA @ MANJU S/O RAJU @ RAJAPPA AGED ABOUT 27 YEARS R/O PLOT NO.60, DEF MACHENDAHALLI INDUSTRIAL AREA R.S. CELENDERS OPP. ESHWAR FACTORY SHIVAMOGGA AND APPAJI BADAVANE JEDI KATTE HOSURU, INDUSTRIAL AREA ROAD 1ST CROSS, KADADAKATTE, BHADRAVATI SHIVAMOGGA DISTRICT-577 201
…PETITIONER
(BY SRI.M.R.HIREMATHAD, ADVOCATE)
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
AND:
NC: 2024:KHC:21753 WP No. 11963 of 2024
R/O 5TH CROSS NEAR GOVT HOSPITAL NEHRU NAGARA BEHIND SADATH COLONY TARIKERE ROAD BHADRAVATHI-577 201
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 03.02.2024 PASSED BY THE HON’BLE PRL. SENIOR CIVIL JUDGE AND JMFC BHADRAVATHI ON IA NO. 5 IN MC NO. 64/2020, ENTIRE ORDER SHEET CONTAINING THE ORDER ON IA NO. 5 DATED 03.02.2024 IN PRODUCED AT ANNEXURE-E, CONSEQUENTLY KINDLY BE DISMISS THE APPLICATION OF THE R1 U/ORDER 1 RULE 10(2) OF CPC, BEFORE THE PRL. SENIOR CIVIL JUDGE AND JMFC BHADRAVATHI IN IA NO. 5 PRODUCED AT ANNEXURE-C.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present writ petition is filed by the petitioner aggrieved by the orders passed in I.A.No.V in M.C.No.64/2020 dated 03.02.2024 by the Principal Senior Civil Judge & JMFC, Bhadravathi.
marital relationship as proposed respondent to the petition. The proposed respondent has field his objections wherein he has denied the allegations made by the husband. It is stated that the allegations made by the husband are defamatory in nature and he will reserve his right to take necessary action against the husband. It is also his case that unnecessarily he is being involved in the proceedings. According to the petitoner, he is not a proper and necessary party to the proceedings and I.A.No.V has to be dismissed.
1 ILR 2004 KARNATAKA 808
NC: 2024:KHC:21753 WP No. 11963 of 2024
petitioner submits that he is not a necessary party to the proceedings pending between the respondent Nos.1 and 2. It is stated that MC is filed in the year 2020 and this application is filed in the month of August 2023. Learned counsel submits that the husband has filed the application at this belated stage only with an intention to harass the petitioner and he has filed his objections defending the allegations made by the husband. He submits that the Court below ought to have dismissed the petition.
NC: 2024:KHC:21753 WP No. 11963 of 2024
ORDER
SD/JUDGE
MEG List No.: 1 Sl No.: 6
1 issue framed by the court
Whether the alleged adulterer is a proper and necessary party who should be impleaded in a matrimonial case filed on grounds of cruelty and adultery.
Colour shows how this judgement treated each authority
Arun Kumar Agarwal Vs. Smt. Radha Aran and AnotherReferred¶3
ILR 2004 KARNATAKA 808 · Who else cites this
2 provisions across 2 enactments
Manja @ Manju s/o Raju @ Rajappa
Sri. R. Periswamy
Smt. Veena
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
