LATA ALIAS HEMLATA Vs. CIVIL JUDGE BULANDSHAHR

JUDGEMENT

(1.) This writ petition arises out of divorce proceedings pending consideration before the Civil Judge, Bulandshahr between one Pramod Kumar Sharma and Lata. Lata is the petitioner before this court and Pramod Kumar Sharma opposite party No. 3.

(2.) The divorce petition was filed by Pramod Kumar Sharma against Lata on various allegations including those of incompatibility of temperament. The divorce petition was amended subsequently to contain an allegation on the character of Lata. The allegation was originally not taken in the divorce proceedings. The reasons which. were given in the amendment application are that, the opposite party No. 3 was advised to take the allegations which had inadvertently been forgotten in the divorce petition.

(3.) At some stage during the pendency of the proceedings Lata applied for maintenance. The maintenance granted by the trial court was a modest sum of Rs. 250.00 per month and in addition Rs. 100.00 as litigation expenses. Both the husband and wife challenged the order of maintenance by a revision. The husband made the first challenge by filing a civil revision on 16-2-1991. His contention in the revision was that the maintenance as had been granted was excessive, implying thereby that the maintenance be reduced along with the litigation expenses. When the maintenance granted to Lata was being attacked, she also filed a civil revision with the prayer that maintenance and litigation expenses be increased. The learned Special and Additional District Judge, Bulandshahr, deciding the two civil revisions quashed the order by which Lata was to receive maintenance as also litigation expenses. The court in revision was of the view that Lata was not entitled to either maintenance or litigation expenses. Consequently the revision filed by the husband succeeded. Aggrieved Lata has filed the present writ petition before the High Court that the learned Additional District Judge was in error.