VEENA BIRBAL, J.

1. This is an appeal challenging the order dated 3rd October, 2011 passed by the learned Principal Judge, Family Court, Dwarka in SMA Case No.2/2011.

2. The relevant facts for the disposal of the present appeal are as under:-

A petition u/s 28(1) of Special Marriage Act, 1954 (hereinafter referred to as `the Act’) was filed by the appellant as well as respondent stating therein they got married to each other on 19th December, 1992 and their marriage was registered under Section 13 of the Act. After marriage, they lived together as husband and wife and a female child, namely, Roshni was born from their wedlock, who is presently of 17 years of age. On 6th July, 2011, parties had filed a divorce petition seeking dissolution of their marriage by a decree of divorce which was registered as SMA 18/2011 before the Family Court at Saket Courts. The said divorce petition was dismissed as withdrawn and liberty was given to them to file fresh petition before appropriate court having territorial jurisdiction. Thereafter, the parties filed fresh petition i.e., SMA 2/2011 under section 28(1) of the Act before the Family Court at Dwarka seeking dissolution of their m