Adulterer' Not Necessary Party To Divorce Petition, Decree Can Be Passed In His Or Her Absence: Delhi High Court

The Delhi High Court has ruled that a person involved in adultery does not need to be a party to a divorce petition, and a decree can be issued even in their absence. This decision came in response to a case where a spouse sought divorce on grounds of adultery, and the adulterer was not made a party to the proceedings. The court clarified that while the adulterer’s presence is not mandatory, the decree of divorce can still be granted, emphasizing that the court’s primary concern is the marital relationship between the spouses seeking dissolution, rather than the involvement of the third party.