ORDER : B.N. Agrawal, J. Heard learned counsel for the parties. 2. The respondent husband filed a petition for divorce before the Family Court, Pune for granting a decree for divorce on the ground of cruelty as well as wilful desertion, which was dismissed after recording the finding that none of the two grounds was proved. Against the said order, an appeal was preferred before the High Court of Bombay by the husband, which has allowed the appeal and granted decree for divorce as there was no chance of reunion between the parties without going into the merits of the grounds for divorce alleged by the husband. In our view, the procedure adopted by the High Court is wholly unknown to law. When an appeal was preferred by the husband, it was incumbent upon the appellate court to discuss the evidence adduced on behalf of the parties in relation to the grounds for divorce and thereafter only the High Court should have decided the appeal. The said procedure having not been adopted, the impugned order suffers from serious legal infirmity and is liable to be set aside alone. 3. For the foregoing reasons, the appeal is allowed, impugned order rendered by the High Court is set aside and the matter is remitted to that Court to dispose of the appeal in accordance with law after giving opportunity of hearing to the parties. 4. No costs. Appeal allowed.