Section 11 of The Divorce Act, 1869 View Chapter 3

Adulterer to be co-respondent.

   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].

1Subs. by s. 7, ibid., for section 11 (w.e.f. 3-10-2001).