JUDGMENT :

S.M. Subramaniam, J.

1. The judgment and decree dated 11.09.2012 passed in C.M.A. No. 15 of 2011 reversing the judgment and decree dated 21.02.2011 passed in H.M.O.P. No. 27 of 2005 is under challenge in the present Civil Miscellaneous Second Appeal.

2. The substantial questions of law mainly raised in the appeal in hand are as under:

"a) Whether the petition for dissolution of marriage filed by the respondent can be entertained, when the adulterer is not impleaded as a party in spite of the fact that the allegation of adultery is taken as a ground for divorce.

(b) Whether the first Appellant Court is right in adjudicating the grounds relating to adultery without impleading the adulterer as a party or examining adulterer for the purpose of culling out the truth or establishing the facts."

3. The marriage between the appellant and the respondent was solemnized on 26.02.2001 as per the Hindu Rights and Customs. Soon after the marriage, the spouses started living happily and they were living in Army Head Quarters at Thiruvananthapuram. On 16.05.2003, a female child born from and out of the wedlock at Thiruvananthapuram, and till November 2003, the appellant/wife was living with t