JUDGMENT Vivek Singh Thakur, J. - This petition has been filed against order dated 27.10.2018, passed by learned Civil Judge-cum-Judicial Magistrate 1 st Class, Court No.3, Shimla, H.P., whereby claim of the petitioner for awarding interim maintenance @ Rs. 5000/- and Rs. 10,000/- as litigation expenses during pendency of the petition filed under Section 9 of the Hindu Marriage Act (hereinafter referred to as ''the Act'') by respondent Yashpal Sharma, for restitution of conjugal rites, has been dismissed. 2. It is informed that in aforesaid proceedings, later on, petitioner did not contest the same and was proceeded ex-parte and thereafter decree for restitution of conjugal rites has also been passed against her. 3. It is also observed by the trial Court that an interim maintenance of Rs. 3000/- has been awarded in favour of the petitioner w.e.f. the year 2016 under Section 125 of the Code of Criminal Procedure. 4. Though, petitioner has chosen not to contest the petition under Section 9 of the Act, but she had contested the same at initial stage. She may not be entitled for monthly maintenance allowance during pendency of the petition, but she had engaged a counsel and filed reply to the petition, therefore, she is entitled for litigation expenses. 5. An amount of Rs. 10,000/- has been claimed as litigation expenses on behalf of the petitioner, however, fact remains that later on she had withdrawn herself from contesting the said petition. Therefore, balancing claims and counter-claims of the parties, it would be appropriate to award a sum of Rs. 5000/- as litigation expenses to the petitioner and accordingly respondent is directed to pay the same to petitioner Preeti Sharma, by remitting the same in her bank account to be supplied by counsel of the petitioner or by paying in cash to her in person or through her counsel against receipt on or before 04.01.2020. Petition is allowed of in the aforesaid terms, so also pending application(s), if any.