SATISH KUMAR MITTAL , J.

1. The husband has filed the instant appeal against the order dated 13.2.2012, passed by the court of Additional District Judge, Chandigarh, whereby the counter-claim filed by him under Section 23-A of the Hindu Marriage Act, 1955 (hereinafter referred to as `the Act') seeking divorce on the ground of adultery, in the divorce petition filed by the wife (respondent herein) under Section 13 of the Act on the ground of cruelty, has been dismissed. As a consequence of the said order, the trial court has also dismissed the application filed by the appellant-husband under Order 1 Rule 10 of the Code of Civil Procedure (hereinafter referred to as `the Code') for impleading one Gaurav Saini son of M.K. Saini, the alleged adulterer, as respondent in the divorce petition.

2. The brief facts of the case are that the marriage of the appellant and the respondent was solemnized as per the Hindu rites and ceremonies at Chandigarh on 21.2.2001. Out of this wed-lock, two children, one son and one daughter, were born on 3.12.2001 and 28.10.2003, who are now aged about ten years and eight years, respectively. On 16.3.2007, the appellant-husband filed a petition under