CONSULT EXPERT LAWYERS
Legal Questions
Who are necessory parties as per Family Court Rules
Necessary parties.-
(a) In every petition for divorce or judicialseparation on the ground that the respondent is living in adultery or has committed adultery with any person, the petitioner shall make the alleged adulterer or adulteress a co-respondent to the petition unless he or she is excused by the Court from doing so on any of the following grounds:
(i) that the name of such person is unknown to the petitioner although he has made due efforts for discovery;
(ii) that such person is dead;
(iii) that the respondent if a woman is leading the life of a prostitute and that the petitioner knows of no person with whom adultery has been committed; or
(iv) any other reason that the Court considers sufficient.
(b) In every petition under Section 13 (1) and (2) of the Act. the petitioner shall make "the other wife" mentioned in that section a co-respondent.
Explain Corresponding provision under Special Marriage Act, 1954.-
Section 33 of the Special Marriage Act corresponds to this section and reads-
S. 33. Proceedings to be in camera and may not be printed or published.
(1) Every proceeding under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme Court printed or published with previous permission of the Court.
(2) If any person prints or publishes any matter in contravention of the provisions contained in sub-section (1), he shall be punishable with fine which may extend to one thousand rupees.
As such as far as conducting the proceedings in camera is concerned, the provisions under Hindu Marriage Act are identical to those under Special Marriage Act.