SANGITABEN RASIKLAL JAISWAL Vs. SANJAYKUMAR RATILAL JAISWAL

JUDGEMENT

(1.) The wife, the petitioner herein, and the respondent in Hindu Marriage Petition No. 243 of 1996 (Old No. 111 of 1996) which was again renumbered as H.M.P. No. 209 of 1997 pending in the court of Civil Judge (S.D.) Mahesana challenges in this civil revision application the order passed by the court aforesaid below Ex. 5 dated 29/09/1997 under which the court has granted her the interim maintenance at the rate of Rs.2000/= p.m. w.e.f. 5-10-1996 and Rs.1500/= towards special costs of the application.

(2.) The husband respondent filed H.M.P. for divorce at Mahesana. It is not in dispute that the respondent husband is an employee and residing in territorial jurisdiction of the city of Baroda and marriage of the parties was solemnised at Hotel Surya Palace, a three star hotel in the city of Baroda on 9-5-1992 but still he has chosen to file this H.M.P. at Mahesana which prima-facie appears to be a deliberate attempt to harass this lady who is stationed at Vanadra, Taluka Dabhoi Dist, Vadodara with her widow mother.

(3.) On receipt of summons of this petition, the petitioner filed an application under section 24 of the Hindu Marriage Act, 1956 at Ex.9 and therein she prayed for Rs.20,000/= p.m. as allowance of maintenance from the date of application, a Maruti car with Driver and also the husband to bear the costs of petrol and furnished flat in a good locality in the city of Vadodara admeasuring 800 sq. ft. and Rs.23,350/= towards costs of litigation and such other and further costs of litigation which may be incurred by the petitioner. Under the impugned order, as stated earlier, the court has awarded the allowance of maintenance at the rate of Rs.2000/= p.m. and special costs of Rs.1500/=. It is not clear from the order of the learned trial court whether this Rs.1500/= awarded as special costs of application under section 24 of the Hindu Marriage Act to the wife or it is total amount which has been awarded towards the litigation expenses.