HC on Divorce: Joinder of Wife's Paramour As 'Defendant' Not Mandatory in All Cases of Divorce on Ground of Adultery, Says Orissa High Court

The Orissa High Court recently ruled that a joinder of the paramour of the wife as "defendant" is not mandatory in all cases of divorce on the ground of adultery. The Division Bench of Justice Arindam Sinha and Justice Mruganka Sekhar Sahoo, while interpreting Rule 5 of the Hindu Marriage and Divorce (Orissa High Court) Rules, 1956 ('the Rules'), said, "Though the rule mandates making of the paramour as a necessary party but exceptions have been provided where such person may not be made a party. Therefore, the mandate of the paramour 'shall' be made a party is to be interpreted as to be made party where possible." 'Brother Is a Protector': On Day of Raksha Bandhan, Orissa High Court Upholds Conviction of Brother Who Repeatedly Raped Minor Sister.

HC on Divorce:

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