JUDGMENT :

1. Heard Sri Aditya Bhushan Singhal, learned counsel for the appellant and perused the record.

2. The Present appeal has been filed challenging impugned judgement and order dated 27.2.2024 passed by the Additional Principal Judge, Family Court, Gautam Budh Nagar in Case No. 883 of 2021 (Ishita vs. Tarun), under Section 13 (1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as the ‘Act’) only to the extent whereby the counter-claim of the respondent-husband has been permitted to proceed on its own as an independent petition.

3. The appellant-wife has filed the divorce petition under Section 13(1)(ia) of the Act. A counter-claim under Section 23 (a) of the Act has been filed the respondent-husband for custody of a girl child born out of the wedlock. Issues were framed in the suit and thereafter one withdrawal application filed by the appellant-wife under Order XXIII Rule (1)(3) of Civil Procedure Code, 1908 (hereinafter referred to as the ‘C.P.C.’) read with Section 151 C.P.C. Withdrawal of the suit was not opposed by stating that the respondent-husband has no objection to the withdrawal application as long as his counter-claim is proceeded with by the Court. I