The Allahabad High Court (Lucknow Bench) has clarified an important procedural point in matrimonial disputes — a husband’s alleged adultery cannot become a formal issue in a divorce case unless the wife files a proper counter-claim making that allegation.
Key Takeaways from the Ruling
1. Issues must arise from formal pleadings
The court relied on Order XIV of the Code of Civil Procedure (CPC), which mandates that issues for trial should only be framed based on material facts or legal propositions affirmed by one party and denied by the other. Since the husband’s alleged adultery was not mentioned in the divorce petition, it could not be turned into a trial issue unless the wife formally included it in her pleadings.
2. No counter-claim filed by the wife
In this case, the wife had not filed a counter-claim accusing her husband of adultery. Instead, she filed a separate petition for restitution of conjugal rights. The High Court observed that while the adultery allegation might have been a valid ground for divorce, it could not be considered unless properly pleaded through a counter-claim.
3. Contradictory and delayed actions
The wife sought to add the husband’s adultery issue late in the proceedings, after the original issues were already framed. The court noted that this move appeared to be a delaying tactic, especially since her separate petition for conjugal rights directly contradicted her adultery allegation.
4. Focus limited to the original petition
Upholding the Family Court’s decision, the High Court ruled that the husband’s alleged adultery was irrelevant to deciding the divorce case he filed against his wife on grounds of her adultery. The focus must remain on the original petition and its pleadings.
Broader Legal Context
This judgment reinforces the principle that courts can only try issues properly raised through pleadings. Under Indian civil procedure, a party wishing to introduce new allegations must do so by filing a formal counter-claim or separate petition.
Although the Supreme Court decriminalized adultery in 2018, it remains a legitimate ground for divorce under matrimonial laws. However, the burden of proof lies on the person making the accusation.
Why This Ruling Matters
The Allahabad High Court’s ruling provides much-needed clarity on procedural fairness in divorce proceedings. It prevents parties from informally introducing new or belated allegations that disrupt the legal process.
For spouses seeking to raise issues like adultery, the correct legal route is to file a formal counter-claim or separate divorce petition. This ensures that all claims are properly framed, allowing courts to maintain structured, efficient, and fair proceedings.