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Author Topic: My husband has filed divorce on adultery & cruelty u/s 13(1)(i)(ia) kindly help  (Read 3425 times)

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Offline sonali

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My husband has filed divorce on adultery and cruelty u/s 13(1)(i)(ia) of HMA,1955. husband has filed against wife for adultery  without the  co respondent being named. Is it necessary to add the co respondents name in case of divorce proceedings.
Sonali
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Offline advkartik

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Hi Sonali,
In criminal trial the paramour can be made accused but in divorce proceedings it is not necessary to implead the paramour   as  co-respondent.

Making submissions at a hearing before a bench headed by Justice B H Marlapalle, Khambata said that the constitutional validity of section 497 of IPC (punishment for adultery is up to five years) had been upheld by the Supreme Court not once, but thrice—in 1953, in 1985 and in 1988. In the apex court, too, various grounds of discrimination were raised and it was pointed out how only the male could be prosecuted and not the woman. "It is a matter of policy of law and wisdom of the legislature will prevail," said Khambata.
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Offline aaronrollen

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