Indian Divorce Act, 1869
11. Adulterer to be co-respondent
Upon any such petition presented by a husband, the petitioner
shall make the alleged adulterer a co-respondent to the said petition, unless
he is excused from so doing on one of the following grounds, to be allowed by
the Court:
(1) that the respondent is leading the life of a prostitute, and
that the petitioner knows of no person with whom the adultery has been
committed;
(2) that the name of the alleged adulterer is unknown to the
petitioner, although he has made due efforts to discover it;
(3) that the alleged adulterer is dead.