JUDGMENT 1. - Smt. Zulfkar Begam is seeking a divorce from her husband Sher Mohammad. After she had examined herself, Sher Mohammad went through the ceremony of another marriage. In her plaint for divorce she wanted to introduce this subsequent fact by way of amendment. The learned Civil Judge, Jodhpur allowed the amendment but saddled Smt. Zulfkar Begam with costs of Rs. 75/-. Mr. Guruparkash says that this is a cost which is in the nature of penalty for a deserted wife, who is in impecunious circumstances and the amendment was necessitated on account of the subsequent marriage in which her husband indulged and the order of costs should be set aside. Mr. Jaswantmal does not find it easy to support the awarding of costs in these peculiar circumstances. 2. Costs are basically compensatory in character and not penal in nature. Having regard to the circumstance of this case. I am inclined to agree with the learned counsel for the petitioner that the costs was not justified. I set aside the order and send back the case to the learned Civil Judge for proceeding with it in a accordance with law. *******