ARUN TANDON AND RAJIV JOSHI,J. - (1.) Heard Sri Gaurav Dubey assisted by Syed Ali Murtaza, on behalf of the appellant and Sri Vinayak Mithal on behalf of the respondent.
(2.) A pure question of law with regard to maintainability of the counter claim in a divorce petition filed by the husband, has arisen for consideration before us.
(3.) We are therefore not adopting the normal procedure to entertain the appeal and for calling of the records of the court below. The question of law involved can be easily decided only on the basis of the facts noticed in the order impugned, qua which there is no dispute. Even otherwise, we are of the opinion that entertaining of the present appeal and calling for records of the court below may further delay the disposal of matrimonial dispute which as noticed in the order of the trial court, had been earlier stayed under the order of the Apex Court and which has now been discharged.;