1. In view of the notice for final disposal issued earlier, the appeal is admitted and taken up for final hearing with the consent of counsel for the parties.

2. The short question that arises for consideration is whether the provisions of Order 41 Rule 23A of the Code of Civil Procedure, 1908 (for short, “the Code”) can be invoked by the appellate Court for remanding the proceedings without entering into the merits of the adjudication by the trial Court.

3. The respondent had filed a petition for grant of divorce under the provisions of Section 13(1)(i)(ia) of the Hindu Marriage Act, 1955. The appellant filed counterclaim seeking divorce on the ground of adultery. Thereafter the respondent withdrew the original proceedings filed by her for divorce. The trial Court while permitting withdrawal of said proceedings directed that the counterclaim filed by the appellant shall be continued. The respondent subsequently did not participate in the counterclaim proceedings as a result of which the trial Court on 21.11.2014 passed a decree for divorce. The marriage accordingly came to be dissolved on the ground of adultery. The respondent filed an appeal challenging the aforesaid decr