When allegations of adultery and paternity surface, the intricate dynamics of marriage are thrust into the spotlight, compelling the court to navigate

Madurai Bench of Madras High Court Grants Divorce Despite Missing Co-Respondent in Adultery Case

CONTEXT

In a marriage that saw allegations of adultery and cruelty, the husband sought a divorce based on the infidelity of his wife. Despite evidence, the Family Court initially refused the divorce, considering the welfare of the child. This decision was appealed.

X v. Y

CMA 104/2018

Before the Madurai Bench of the Madras High Court

Heard by Hon'ble Mr. Justice P Velmurugan J & Hon'ble Mr. Justice K K Ramakrishnan J

BACKGROUND

The marriage between the appellant and respondent was solemnized in 2012. After periods of separation, the respondent claimed she was pregnant. Later, the appellant discovered through a DNA test that he was not the biological father of the child. The respondent was accused of having an illicit relationship while living with her parents in Kerala, leading the husband to file for divorce on the grounds of adultery.

LEGAL ISSUE

• Adultery: Whether the respondent’s alleged adultery could be proven in court without naming the co-respondent (adulterer).
• Cruelty: If the respondent’s conduct constituted cruelty.
• Paternity and DNA Evidence: Whether the DNA test, proving the child was not biologically related to the appellant, was sufficient to grant a divorce.

OBSERVATION OF THE COURT

The Family Court had dismissed the divorce petition, reasoning that the welfare of the child should be prioritized despite the DNA evidence. The order of the Family Court is Perverse.        

The High Court noted that the DNA test report clearly showed the appellant was not the biological father.        

The respondent-wife did not contest the DNA report, indirectly affirming the allegation of adultery.        

The Court emphasized that failure to name the adulterer was not fatal to the case since the appellant was unaware of the adulterer's identity.        

The DNA evidence conclusively proved that the appellant was not the biological father of the child.        

COURT'S ORDER

The Madurai Bench of the Madras High Court set aside the Family Court’s decision and granted the divorce. The High Court held that the DNA test evidence was sufficient to prove adultery and that the welfare of the child could not justify denying the husband’s request for divorce.

Seema Bhatnagar