Section 5 in Special Marriage (High Court) Rules, 1955
5. Co-respondent in husband's Petition.
- In any petition resented by a husband for divorce or Judicial reparation on the ground that his wife has, since the solemnization of the marriage, been guilty of adultery, the petitioner shall make the alleged adulterer a co-respondent to the said petition, unless he is excused from so doing by an order of the Court which may be made on any one or more of the following grounds which shall be supported by an affidavit in respect of the relevant facts:-(i)That the respondent is leading the life of a prostitute, and that the petitioner knows of no persons with whom the adultery has been committed.(ii)That the name of the alleged adulterer is unknown to the petitioner, although he has made due efforts for discovery:(iii)That the alleged adulterer is dead;(iv)For any other sufficient reason that the Court may deem fit to consider.
