ORDER
R.S. Garg, J.
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.
4. I have heard the parties at length and perused the record.
5. The suits, though are pending before the same Court, but are being separately tried because there is no order of consolidation of the proceedings. The Court below has given cogent and justiciable reasons for award of Rs. 2,000/- as litigation expenses. The husband cannot be permitted to say that as the wife is a practising Advocate, she can defend herself properly and would not need help or assistance of other Advocate. I find no reason to interfere with the award of litigation expenses to the wife. It is, however, directed that the suit filed at the instance of the wife and the present suit filed by the husband shall immediately be consolidated and the Trial Court, after taking proceedings under Section 23 of the Hindu Marriage Act, give proper opportunity to the parties to appear and reconcile the dispute and if attempts of reconciliation fail, shall proceed to decide the suit expeditiously as early as possible.
C.C. within a week.