Stuart

This matter is before' the court on the motion of the wife, the respondent on appeal, to dismiss the husband’s appeal insofar as it purports to be from that portion of the interlocutory judgment of *836 dissolution of marriage which declared that the parties are entitled to have their marriage dissolved and ordered that a final judgment of dissolution be entered upon proper application of either party, or on the court’s own motion, after the expiration of at least six months from the date (October 21, 1970) the court acquired jurisdiction of the husband, respondent in the court below. She also requests that a remittitur issue directing the trial court to enter a final judgment of dissolution of marriage upon proper application therefor.

For the reasons set forth below it is determined that on the facts and circumstances of this case and the law as presently constituted, the motion should be granted. The appeal from that portion of the interlocutory judgment which provided for dissolution of the marriage will be dismissed and the remittitur will issue as prayed.

On September 29, 1971, an interlocutory judgment of dissolution of marriage containing the provisions referred…