JUDGMENT
A.G. Qureshi, J.
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.
4. Unfortunately this case has been contested only on the basis of one affidavit and the applications and no attempt has been made by the lower Court to ascertain the authenticity of the allegations made by the respective parties except the one undisputed fact that the applicant is getting Rs. 180/- from the non-applicant which is being deducted from the salary in pursuance of some other order. In the ciscumstances, after considering the averments of the parties and the arguments advanced by the learned Counsel, normally I should have sent the case back to the lower Court to ascertain the authenticity of the allegation But as the parties have not come forward before this Court also to make any assertion supported by affidavits, therefore in my opinion considering the Principles for award of maintenance amount and the amount for litigation expenses, the consideration of the amount of maintenance which a spouse may get would not be relevant while deciding the question of the litigation expanses These two amounts have to be given under different heads and in no case the litigation expenses from the part of the maintenance amount. Therefore, in my opinion, the learned lower Court has erred in disallowing the prayer of the Applicant for litigation expenses on the ground that she is already getting maintenance allowance of Rs. 180/- per month.
5. In the result this revision petition is, partly allowed. The order impugned is quashad. It is directed that the non-applicant shall pay to the applicant on amount of Rs. 400/- as litigation expenses, which may be paid in in two instalments on the next two dates of hearings before the lower Court. There shall be no order as to costs.