SUNITA MISHRA Vs. SANJAY KUMAR MISHRA

JUDGEMENT

(1.) Shri Umesh Trivedi, Advocate for the applicant. Shri S.L. Kochar, Advocate for the non-applicant. With the consent of the parties, the revision itself is heard and decided finally by this order.

(2.) Non-applicant husband has filed a suit at Bilaspur seeking declaration under Sec. 12 (1)(d) of the Hindu Marriage Act to the effect that the marriage between them was a nullity. The applicant-wife filed an application praying maintenance at the rate of Rs. 500.00 per month together with Rs. 1000.00as expenses. The learned Judge, taking into consideration of facts and circumstances as available, granted Rs. 400 per month as maintenance and Rs. 800.00 as litigation expenses. It is this order which is impugned in the present civil revision.

(3.) From the documents filed by the parties, it appears that the applicant had in her application dated 1.12.92 claimed Rs. 500.00per month as maintenance and Rs. 1000.00 as litigation expenses. It however appears that she filed yet another application on 11.1.93 and claimed expenses amount of Rs. 2000.00 on the ground that she has to incur expenses in travelling from Raigarh to Bilaspur on each date of hearing along with Court. This application does not seem to have been taken into consideration by the learned Judges; and hence is canvassed as a ground and impugned the same in this revision.