Procedure in case husband wants to sue wife's lover for adultery
01-Nov-2023 (In Criminal Law)
Can a husband sue the wife's lover for adultery if the wife has been staying separately or they have a strained married relationship? it is a Hindu Marriage
Either party to the marriage may present a petition for divorce under cl. (i) of sub-sec. (1) of s. 13, on the ground of adultery of the respondent. The expression 'living in adultery' used in old s. 13(I)(i) meant a continuous course of adulterous life as distinguished from one or two lapses from virtue. It would not be in consonance with the intention of the Legislature to put too narrow and too circumscribed a construction upon the words 'is living' in (old) cl. (i) of sub-sec. (1) of s. 13 of the Act. On the other hand, it was clear that too loose a construction must also not be put on these words. For attracting the operation of these words, it would not be enough if the spouse was living in adultery sometime in the past, but had seceded from such life for an appreciable duration extending to the filing of the petition. It is not possible to lay down a hard and fast rule about it since the decision of each case must depend upon its own merits and turn upon its own circumstances. But it is clear that for invoking the application of (old) cl. (i) of sub-sec. (1) of s. 13, it must be shown that the period during, which the spouse was living an adulterous life was so related from the point of proximity of time, to the filing of the petition that it could be reasonably inferred that the petitioner had a fair ground to believe that, when the petition was filed, the respondent was living in adultery. By using the words 'is living in adultery' the Legislature did not intend to make such living co-extensive with the filing of the petition. The identical expression of 'living in adultery' is to be found in s. 488(4) the Code of Criminal Procedure (old) and in s. 125(4) of the Code of Criminal Procedure (new). This expression implies that a single lapse from virtue even if true will not suffice, and it must be shown that the respondent was actually living in adultery with someone else at the time of the application. Living in adultery is different from failing to lead a chaste life.
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