Section 11 of The Divorce Act, 1869
1[11. Adulterer or adulteress to be co-respondent---On a petition for dissolution of marriage presented by a husband or wife on the ground of adultery, the petitioner shall make the alleged adulterer or adulteress a co-respondent, unless the petitioner is excused by the Court from so doing on any of the following grounds, namely:---
- (a)that the wife, being the respondent is leading the life of a prostitute or the husband, being respondent is leading an immoral life and that the petitioner knows of no person with whom the adultery has been committed;
- (b)that the name of the alleged adulterer or adulteress is unknown to the petitioner although the petitioner has made due efforts to discover it;
- (c)that the alleged adulterer or adulteress is dead].
Summary
- If a person files for divorce claiming their spouse committed adultery, they generally must include the person their spouse cheated with in the lawsuit.
- This third person added to the lawsuit is legally called a co-respondent.
- The person filing can be excused from adding this third person if their spouse is living as a prostitute or living an immoral life, and they do not know any specific person the spouse cheated with.
- They can also be excused if they tried very hard to find out the third person's name but still do not know it.
- Finally, they can be excused if the person the spouse cheated with is already dead.
Practical examples
FAQ
1. Do I always have to name the person my spouse cheated with in my divorce papers?
Yes, generally you must make them a co-respondent, unless the court excuses you.
2. What if I do not know the name of the person my spouse cheated with?
The court can excuse you if the name is unknown and you have made due efforts to discover it.
3. What if the person my spouse cheated with has passed away?
The court can excuse you from naming them because the alleged adulterer or adulteress is dead.
4. What if my spouse is living as a prostitute and I cannot identify a specific person?
You can be excused if you know of no specific person with whom the adultery was committed.
Test yourself
Q1.Under Section 11 of The Divorce Act, 1869, what is the legal term used for the alleged adulterer or adulteress who must be added to the petition?
Q2.Under Section 11 of The Divorce Act, 1869, under what condition can a petitioner be excused from naming the adulterer if the name is completely unknown to them?
Q3.Under Section 11 of The Divorce Act, 1869, what happens if the alleged adulterer or adulteress is already dead?
Q4.Based on how Section 11 connects to Section 10 of The Divorce Act, 1869, what extra requirement applies when a petitioner chooses adultery as their specific ground for divorce?