SHOBHA SHARMA Vs. VED PRAKASH SHARMA

JUDGEMENT

(1.) THIS revision petition has been filed against an order dated 9. 1. 1990 passed by the Fourth Addl. Judge to the Court of District Judge, Indore, in Hindu Marriage Case No. 37 of 89, whereby the application of the present applicant for awarding Rs. 2500/- as litigation expenses has been disallowed by the Court on the ground that as the applicant is already getting Rs. 180/per month from June 1986 from the non-applicant husband, she is not entitled to get the litigation expenses in addition to the amount of maintenance which the is getting and which is being deducted from the salary of the husband.

(2.) THE learned Counsel for the applicant Shri O. U. Dubey states that the amount of maintenance cannot be a valid consideration for refusing to allow the litigation expenses. The Court has to arrive at an independent conclusion in respect of the litigation expenses in addition to the maintenance amount which may be awarded.

(3.) ON the other hand Shri O. P. Sharma states that the applicant has not rebutted the affidavit filed by the non-applicant that she is serving and has an independent source of income.