CHAMPABEN LAVJI THAKKAR Vs. LAVJI HIRJI THAKKAR

JUDGEMENT

(1.) THIS is another off shoot of a very unfortunate matrimonial litigation between the petitioner -wife and the respondent -husband. Both of them are of advanced age and the litigation has been fought for quite sometime.

(2.) THE petitioner wife was awarded maintenance at Rs. 250/ - per month. She made an application for enhancement. The matter at one time had come to this Court had directed the Family Court at Bandra to dispose of the matter in accordance with law.

(3.) THEREAFTER the husband preferred Misc. Application No. 37 of 1993 for setting aside the said order which was passed ex -pane. After hearing the parties the learned Judge of the Family Court by his order dated 5.1.1994 allowed the said application and set aside the ex -parte order passed on 15.3.1993 and by the very same order case was fixed for evidence. However, surprisingly I find that the respondent -wife is directed to pay cost of Rs. 500/ - of the application.