Matrimonial Dispute Remains Between Couple, No Impleadment Can Be Allowed In Divorce Proceedings U/S 13B Hindu Marriage Act: Allahabad HC

The Allahabad High Court has held that the divorce proceedings (matrimonial disputes) are only between the parties to the marriage, no third person can seek impleadment in proceedings under Section 13B of the Hindu Marriage Act.

The bench comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh held,

“Piquant as it may be, the impleadment sought may never be justified. A matrimonial dispute remains a dispute interse between the couple in question who may be finding difficulties in their matrimonial relationship. All other persons remain strangers to that dispute.”

Some respondents, being creditors of the parties (husband and wife), sought impleadment in the proceedings for mutual divorce filed by them. Respondents pleaded that since money was due to them, they perceived that the separation between the parties would impact their rights.

Appellant approached the High Court against the order of the Principal Judge, Family Court, Aligarh allowing the impleadment.

The Court held that though divorce may alter some civil rights of the parties, third parties can never be made party to the proceedings for divorce by mutual consent.

“To that extent materialistic goals of the world at large may remain overshadowed by the primacy to be given to resolve the matrimonial discord.”

Accordingly, the appeal was allowed holding that the respondents would remain entitled to their claims even after dissolution of marriage.

Case Title: Smt Kriti Goyal v. Dev Suman Goyal And 3 Others [FIRST APPEAL No. - 716 of 2024]

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