JUDGMENT

Neena Bansal Krishna, J. - The present Appeal under Section 39(2) of the Special Marriage Act, 1954 (hereinafter referred to as the "Act, 1954") read with Section 19(1) of the Family Courts Act, 1984 (hereinafter referred to as the "Act, 1984") has been filed on behalf of the appellant/husband assailing the Order dated 10.04.2018 vide which the Application under Order IX Rule 13 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as the "CPC, 1908") filed on behalf of the respondent/wife has been allowed and the ex parte Judgment dated 24.03.2005 granting divorce in favour of the appellant/husband, has been set aside.

2. The facts, briefly stated are that the appellant/husband, a Pilot and the respondent/wife, Air Hostess with Air India, got married on 28.02.1992 at Calcutta under the Act, 1954. From their wedlock, one son and one girl were born on 28.09.1993 and 12.09.1995 respectively.

3. In November, 2003, the Appellant filed a Petition for Divorce under Section 27(1)(d) of the Act, 1954 before the Additional District Judge, New Delhi in which Notice dated 24.11.2003 was issued to the respondent/wife for 08.01.2004. The Trial Court noted on