IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR TUESDAY, THE 20TH DAY OF DECEMBER 2011/29TH AGRAHAYANA 1933 MA.No. 627 of 2010 (G) ------------------------------ OP.1013/2006 of FAMILY COURT,ERNAKULAM ............... APPELLANT/PETITIONER: JOSE K.J., S/O. JOSEPH, KOITHARA HOUSE, SHINE ROAD, VYTTILA, ERNAKULAM. BY ADV.SRI.LIJU. M.P RESPONDENT/RESPONDENT: MARY SHIJI, D/O. KOCHAPPAN @ T.P.JOSEPH, THEKKUMPURATH HOUSE VATHURUTHY ERNAKULAM KOCHI-682 029. BY ADV. DR.SEBASTIAN CHAMPAPPILLY (AMI.CURIAE) THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 20-12-2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VPV Thottathil B.Radhakrishnan & C.T.Ravikumar, JJ. = = = = = = = = = = = = = = = = = = = = = = = = Mat.Appeal No.627 of 2010 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 20th day of December, 2011. Judgment Thottathil B.Radhakrishnan, J. This appeal by the husband is against the order by which the Court below dismissed an application for divorce under the Divorce Act, 1869 on ground that the wife has committed adultery. It is not a case where the appellant alleges that the wife, being the respondent, is leading the life of a prostitute or that the adulterer is dead, so as to bring the case within the grounds exempted under Section 11. The identity of the adulterer is pleaded by the appellant as one Kannan. Without him on the array of parties, the Court below ought not to have gone into the exercise of adjudication. We are clear in our mind that the petition before the court below ought to have MA627/10 -: 2 :- been dismissed as not maintainable in view of the specific terms of Section 11 of the Divorce Act. Resultantly, the impugned judgment is vacated and the original petition filed before the Court below is dismissed as not maintainable. We clarify that we have not expressed anything on the merits of the matter. It will be open to the appellant to seek remedies in appropriate court on an appropriate application on any of the grounds available to him in accordance with law. Appeal allowed to that effect. Thottathil B.Radhakrishnan, Judge. C.T.Ravikumar, Judge. Sha/1512