PAWAN KUMAR JAIN Vs. SUNITA JAIN

JUDGEMENT

(1.) BY this petition under Section 115 of the Code of Civil Procedure, the plaintiff seeks to challenge the award of litigation expenses granted in favour of non-applicant wife.

(2.) THE applicant's contention is that the parties are litigating on different fronts and as the non-applicant wife is a practising Advocate, she was would not be entitled to Rs. 2,000. 00 as expenses of litigation. It is also contended that the present suit is required to be consolidated with the suit filed by the wife under Section 9 of the Hindu Marriage Act and even such suits are consolidated, the expenses already granted in favour of the wife would serve the purpose.

(3.) MR. Ahluwalia, learned Counsel for the non-applicant, on the other hand, submits that the wife has instituted a suit in Sagar Court, while the husband had filed the suit in Raipur Court. Later on, the suit pending at Raipur was also transferred to Sagar Court and as there is no order of consolidation of the suits, the Trial Court was justified in awarding the litigation expenses.