IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1574 of 2008 AKSHAY KUMAR THAKUR Versus SITA DEVI & ANR ----------- 2 17.9.2008 Heard Counsel for the petitioner. In the opinion of this Court, an amount of Rs. 1500/- by way of maintenance and Rs. 100/- per date of hearing by way of cost of litigation, cannot be said to be either excessive or illegal. Counsel for the petitioner submits that the petitioner is an old person aged about 73 years and therefore, was not required to pay maintenance because he has got such other liability. In the opinion of this Court, such a submission of the Counsel of the petitioner is only to be noticed for its being rejected. The moment a person of 73 years old files a suit for divorce, he has also to abide by Section 24 of the Hindu Marriage Act which requires that during the pendency of the suit, such a husband has to pay the maintenance as well as cost of litigation. There is no dispute that the petitioner is a retired man getting monthly pension of Rs. 10,000/- approximately and therefore is both capable and liable to pay a portion from the same towards maintenance of Rs. 1500/- per month to his wife opposite party. Consequently the petitioner is directed to pay both arrear and current amount of maintenance in terms of the impugned order within a month of receipt/production of a copy of this order. . With the aforesaid observations and directions this civil revision application is hereby dismissed. Rsh (Mihir Kumar Jha, J.)