KAILASH GAMBHIR, J.

1. By this appeal filed under Section 28 of the Hindu Marriage Act, 1955 the challenge is by the husband to the impugned order dated 22.7.2009 passed by the learned Additional District Judge thereby recalling the judgment and decree dated 22.4.2008 on the application moved by the respondent wife under Section 151 CPC.

2. Brief facts of the case as borne out from the respective pleadings of the parties are that the appellant husband and the respondent wife were married on 27th January, 2002 at Gurgaon according to Hindu rites and ceremonies and a child was born out of the wedlock of the parties on 24.1.2003. Thereafter, a petition for divorce by mutual consent was filed by both the parties under Section 13(B)(1) of the Hindu Marriage Act, 1955 and as per the averments made in the said petition the stand taken was that the parties had been living together as husband and wife after solemnization of their marriage at house bearing No. J-4/90B, DDA Flats Kalkaji, New Delhi; that both the parties last resided together as husband and wife at house No. 47, Second Floor, Rampuri, Kalkaji, New Delhi up to first week of April, 2007 and thereafter due to some tempera