Ashwinkumar Naranbhai Patel vs Hinaben W/O Ashwinkumar ...
2021 Latest Caselaw 4999 Guj

        C/SCA/5408/2021                                   ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 5408 of 2021

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               ASHWINKUMAR NARANBHAI PATEL
                           Versus
      HINABEN W/O ASHWINKUMAR NARANBHAI PATEL AND D/O
                JITENKUMAR GANESHBHAI PATEL
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Appearance:
MR VM DHOTRE(1089) for the Petitioner(s) No. 1
MR. MAYUR V DHOTARE(7019) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2
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 CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                             Date : 01/04/2021

                               ORAL ORDER

1. This matter is taken up through video conference.

2. Heard learned advocate Mr. Mayur V. Dhotare with learned advocate Mr. V.M. Dhotre for the petitioner at length.

3. It is contended that in the present case, the petitioner is a husband and respondent is a wife. Further it is contended that the originally divorce petition was filed for divorce on the ground of adultery, at that captioned time, the original respondent No. 2 (Adulterer) has moved an application under Order -1 Rule-10(2) of the Civil Procedure Code to delete his name and the learned trial Court opined that the present issue is with husband and wife inter- se, therefore, there is no requirement to implead and continue to respondent No. 2 who is alleged to be a adulterer. Learned advocate for the petitioner has further contended that pursuant to the Sections 14 and 21 of the the Hindu Marriage Act, 1955, the Rules were framed by the Bombay High Court in the name and style of Hindu Marriage and Divorce Rules, 1955 and the same are

C/SCA/5408/2021 ORDER

applicable to the State of Gujarat in view of the judgment passed by this Court in case of Maganlal Budhaiabhai Patel Vs. Bai Dahi reported in AIR 1971 Guj 33. Learned advocate for the petitioner has also placed reliance in cases of M. K. Kunhiraman Vs. Santha alias Devaki, reported in AIR 1998 Ker 189, and in case of Arun Kumar Agarwal vs. Smt. Radha Arun & Anr., reported in ILR 2004 KAR 808, wherein present Rules are held to be applicable. Further, learned advocate has taken this Court at necessary parties at Rule -5 wherein, it is stated that in every petition for divorce or judicial separation on the ground that the respondent is living in adultery or has committed adultery with any person, the petitioner shall make such person a co-respondent, XXXXXXXXXXXXXXX.

4. In the opinion of the Court, it transpires that Ex-facie, the respondent No. 2 was necessary party, therefore, issue requires consideration.

5. Issue Notice for final disposal returnable on 15.06.2021. This matter may be taken up for final disposal subject to stand taken by the respondent and convenience.

6. In the meanwhile, ad-interim-relief in terms of Para -9(B) is granted till then.

7. Direct service is permitted through E-mail / Fax or by any other electronic mode.

(A. C. JOSHI,J) prk