JUDGMENT :

VIKAS MAHAJAN, J.

1. The present appeal has been filed assailing the order dated 03.02.2006 vide which the Additional District Judge, Delhi has dismissed the application filed by the appellant under Order IX Rule 13 of the Civil Procedure Code, 1908, seeking setting aside of the ex parte judgment and decree of divorce passed between the parties on 14.05.2003 in HMA No. 849/2001.

2. The marriage between the parties was solemnized on 04.05.1998 at Village Maliganj, District Madhepura, Bihar and a girl child was born from the said wedlock on 23.07.1999, who is presently 23 years of age.

3. Disputes and differences arose between the parties which led the respondent-husband to file a divorce petition against the appellant on 27.07.2001 in the Court of District Judge, Saharsa, Bihar.

4. Subsequently, on an application of withdrawal being filed by the respondent husband, the Court at Saharsa returned the Divorce Petition for being filed in the Court of proper jurisdiction.

5. Thereafter, the respondent filed a Divorce Petition in the District Court, Delhi on 15.10.2001 under Section 13(l)(i-a) and (i-b) of the Hindu Marriage Act, 1955 [in short ‘the Act’] premised on the ground of cr