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T.Selvaraj Vs K.Mohanraj — Writ and Judicial Review | Madras HC (2025)

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T.Selvaraj Vs K.MohanrajT.Selvaraj v. K.Mohanraj

Allowed¶32

T.Selvaraj v. K.Mohanraj

Civil Revision Petition under Article 227 of the Constitution of India – Impleadment of alleged adulterer as party to matrimonial petition

Madras HC1 Apr 2025CRP/2854/2024

Case brief

AI extract

What is this about?

Madras High Court, single judge (P.T. Asha, J.), C.R.P.No.2854 of 2024 with C.M.P.No.15178 of 2024, dated 01.04.2025. Keywords: impleadment of third party / alleged adulterer in divorce petition; divorce on grounds of cruelty and desertion (not adultery); husband's adultery allegation in counter without counter claim; Article 227 revision; Sub Court Udumalpet, Tiruppur District; H.M.O.P.No.246 of 2021; I.A.No.21 of 2023; C.R.P.(MD).No.1305 of 2019 (relied on by court below, referred); impleading order dated 12.12.2023 set aside; parties T.Selvaraj (petitioner), K.Mohanraj (R1), M.Anusuya Devi (R2).

What did the court decide?

Civil Revision Petition allowed; order passed in I.A.No.21 of 2023 in H.M.O.P.No.246 of 2021 set aside; no costs; connected miscellaneous petition closed. ¶32

Why is it important?

Since the divorce petition was filed by the wife on the grounds of cruelty and desertion and not on the ground of adultery, the presence of an impleaded third party is not required in these proceedings; the learned Judge below lost sight of this fact. ¶32

What the court decided

AI extract

Outcome

Civil Revision Petition allowed; order passed in I.A.No.21 of 2023 in H.M.O.P.No.246 of 2021 set aside; no costs; connected miscellaneous petition closed.

Issue for consideration

Whether the newly impleaded party (alleged adulterer) could be joined as a party to a divorce petition filed by the wife on the grounds of cruelty and desertion, where the husband raised the adultery allegation only in his counter and filed no counter claim.

Court's answer

Since the divorce petition was filed by the wife on the grounds of cruelty and desertion and not on the ground of adultery, the presence of an impleaded third party is not required in these proceedings; the learned Judge below lost sight of this fact.

Ratio / Principle

The learned Judge below totally misdirected himself while passing the impugned impleadment order.

Detailed headnote1 paragraphs

Civil Revision Petition under Article 227 of the Constitution of India - Impleadment of alleged adulterer as party to matrimonial petition - Wife filed H.M.O.P.No.246 of 2021 before the Sub Court, Udumalpet seeking divorce on grounds of cruelty and desertion - Husband, who alleged adultery by the wife with the petitioner in his pleadings but filed no counter claim, applied through I.A.No.21 of 2023 to implead the petitioner as second defendant - Sub Court, Udumalpet allowed the impleadment on 12.12.2023, relying on C.R.P.(MD).No.1305 of 2019 - Newly impleaded party sought revision - Held: the petition for divorce was not on the ground of adultery but on cruelty and desertion, and in such proceedings the presence of a third party is not required; the learned Subordinate Judge totally lost sight of the nature of the petition and misdirected himself - Civil Revision Petition allowed; impleading order set aside; no costs; connected miscellaneous petition closed.

A

C.R.P.No.2854 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA

C.R.P.No.2854 of 2024 C.M.P.No.15178 of 2024

T.Selvaraj ...Petitioner

Vs

1.K.Mohanraj

2.M.Anusuya Devi ...Respondents

PRAYER :- Civil Revision Petition is filed under Article 227 of the Constitution of India, pleased to set aside the fair and decreetal order dated 12.12.2023 made in I.A.No.21 of 2023 in H.M.O.P.No.246 of 2021 on the file of Sub Court, Udumalpet, Tiruppur District and to allow the above Civil Revision Petition

For Petitioner : Mr.A.Sathishkumar For R1 : Mr.S.Arjun For R2 : Mr.P.Narayana Prasadh

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ORDER

The newly impleaded party has filed this Civil Revision Petition challenging the order passed in I.A.No.21 of 2023 in H.M.O.P.No.246 of 2021 on the file of the Sub Court, Udumalpet, in and by which he has been impleaded as second respondent in a petition for divorce filed by the second respondent herein.

2.The short facts which is necessary for disposing of the above Civil Revision Petition is herein below set out:-

The second respondent wife had filed H.M.O.P.No.246 of 2021 on the file of the Sub Court, Udumalpet seeking divorce on the ground of cruelty and desertion. In the petition she had alleged that her husband/first respondent was not engaged in any useful avocation and was not even carrying out agricultural activities on the lands belonging to him and on the contrary it was paternal uncle who was carrying on the activities in the said lands. In addition to the above he not only displayed abusive behaviour towards the second respondent/wife but also questioned her chastity. Ultimately, after one episode of physical assault on the second respondent/wife, the first respondent/husband had left the 2/7

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C.R.P.No.2854 of 2024

home. Therefore she has come forward with the petition for divorce.

3.The first respondent/husband contended that the second respondent/wife is insisting on setting up an independent home and ultimately on account of the pressure they had shifted to a rental house. He accused the petitioner of having an illicit relationship with his wife, the second respondent herein. Ultimately, the second respondent sought to have the marriage between herself and the first respondent dissolved.

4.Pending the main petition the first respondent had filed I.A.No.21 of 2023 seeking to implead the petitioner herein as second defendant in the suit. Despite the protest of the second respondent and the petitioner herein, the learned Subordinate Judge, Udumalpet, proceeded to allow the said application. The learned Judge relying upon a judgment of this Court in C.R.P.(MD).No.1305 of 2019 stated that where the husband accused wife of adultery then the adulterer has to be impleaded as the party to the proceedings and whether he is guilty of adultery or otherwise something that has to be proved during trial. Therefore, the learned Judge has proceeded to allow the application. Challenging the same, the newly impleaded party/petitioner herein has

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C.R.P.No.2854 of 2024

filed the present Civil Revision Petition.

5.Heard the learned counsels on either side and perused the

records.

6.The H.M.O.P has been filed by the wife on the ground of cruelty

that husband has accused her of adultery. In the counter the husband speaks about the same, but has not filed any counter claim. However, an application has been filed to implead the petitioner as the third party. Therefore, the learned Judge has totally loss sight of the fact that the petition for divorce was not on the ground of adultery but filed by the wife on the ground of cruelty and desertion and in these proceedings the presence of third party is not required. The learned Judge has totally misdirected himself while passing the impugned order. Therefore, the Civil Revision Petition is allowed and the order passed in I.A.No.21 of 2023 in H.M.O.P.No.246 of 2021 is set aside. No costs. Consequently, connected miscellaneous petition is closed.

01.04.2025

Index : Yes/No Internet : Yes/No

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Speaking Order/Non Speaking Order ep

To

The Sub Court, Udumalpet, Tiruppur District.

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P.T.ASHA , J,

ep

C.R.P.No.2854 of 2024 C.M.P.No.15178 of 2024

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Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the newly impleaded party (alleged adulterer) could be joined as a party to a divorce petition filed by the wife on the grounds of cruelty and desertion, where the husband raised the adultery allegation only in his counter and filed no counter claim.¶32
The court held
Since the divorce petition was filed by the wife on the grounds of cruelty and desertion and not on the ground of adultery, the presence of an impleaded third party is not required in these proceedings; the learned Judge below lost sight of this fact.ratio¶32

Cases cited

Colour shows how this judgement treated each authority

AI extract

C.R.P.(MD).No.1305 of 2019Referred¶24

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 227¶11

Procedural history

How this case reached the court

AI extract

Order under challenge
Fair and decreetal order in I.A.No.21 of 2023 (impleadment application) in H.M.O.P.No.246 of 2021, by which the petitioner was impleaded as second respondent in the divorce petition filed by the second respondent/wife.¶11
Sub Court, Udumalpet, Tiruppur District · 12.12.2023
Prior proceeding
Second respondent/wife filed H.M.O.P.No.246 of 2021 before the Sub Court, Udumalpet seeking divorce on the grounds of cruelty and desertion.¶19
Prior proceeding
First respondent/husband contended the wife insisted on setting up an independent home and accused the petitioner of having an illicit relationship with his wife.¶23
Prior proceeding
Pending the main petition, the first respondent filed I.A.No.21 of 2023 seeking to implead the petitioner as second defendant in the suit.¶24
Prior proceeding
Despite the protest of the second respondent and the petitioner, the learned Subordinate Judge, Udumalpet allowed the impleadment application, relying on a judgment of the Madras High Court in C.R.P.(MD).No.1305 of 2019.¶24

Parties & counsel

AI extract

petitioner
T.Selvaraj¶7
A.Sathishkumar
respondent
K.Mohanraj¶9
S.Arjun
respondent
M.Anusuya Devi¶10
P.Narayana Prasadh

Coram

AI extract

P.T.Ashaauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 1 Apr 2025 · April
Registered: 17 Jul 2024
Case no.: CRP/2854/2024
CNR: HCMA011252302024
Topic: Writ and Judicial Review
Bench: P.t. Asha
Disposal: ALLOWED
Case type: C.R.P.

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Cite this judgement

T.Selvaraj v. K.Mohanraj, CRP/2854/2024 (MAD), decided on 1 April 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

C.R.P.(MD).No.1305 of 2019Referred¶24

Open Authorities

Statutes1

Constitution of IndiaArticle 227

View all statutes

Procedural history5

Fair and decreetal order in I.A.No.21 of 2023 (impleadment application) in H.M.O.P.No.246 of 2021, by which the petitioner was impleaded as second respondent in the divorce petition filed by the second respondent/wife.Sub Court, Udumalpet, Tiruppur District · 12.12.2023
Second respondent/wife filed H.M.O.P.No.246 of 2021 before the Sub Court, Udumalpet seeking divorce on the grounds of cruelty and desertion.
First respondent/husband contended the wife insisted on setting up an independent home and accused the petitioner of having an illicit relationship with his wife.

View full history

Bench / Coram

P.T.Asha

Parties & counsel