S.S.Saron, J.

1. There is a delay of 13 days in re-filing the appeal. For the reasons stated in the application and after hearing the learned counsel for the appellant, we find sufficient grounds to condone the delay in re-filing the appeal. Civil miscellaneous application seeking condonation of delay in re-filing the appeal is accordingly allowed.

2. This appeal under Section 28 of the Hindu Marriage Act, 1955 (Act for short) has been filed against the judgment and decree dated 10.9.2004 passed by the learned Additional District Judge, Faridabad whereby the petition of the appellant-husband for seeking divorce from the respondent-wife has been dismissed.

3. The marriage between the parties was solemnised at Faridabad in accordance with Hindu rites and ceremonies on 19.8.1996. From the marriage, the parties had a female child. The appellant-husband on 19.5.1999 filed a petition under Section 13 of the Act seeking dissolution of the marriage between the parties by a decree of divorce on the ground of cruelty and desertion. The learned Additional District Judge, Faridabad after considering the evidence and material on record, as already noticed, dismissed the petition. It was