IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2230 of 2006 SITARAM SINGH Versus SHAKUNTALA DEVI ----------- 4 13.8.2008 Heard Counsel for both the parties. Considering the fact that the monthly pension of the petitioner, aged about 73 years, was Rs. 4322/- some two years back, this Court would not find any fault with the first part of the order directing him to pay Rs. 2200/- per month for maintenance of the wife and one handicapped child, which in fact would give them Rs. 1100/- per head. This Court, however, does not find any justification in fixing the amount of cost of litigation at Rs. 10,000/-. The Court below ought to have taken into consideration that the case was filed by the husband only in the year, 2004 and the wife had appeared only thereafter some time in the year, 2006 to contest the litigation and therefore, the cost of litigation has to be based on some realistic basis. Rs. 10,000/- therefore by way of cost of litigation in the circumstances of the case is excessive and accordingly the same is slashed to a sum of Rs. 5,000/- for the entire expenditure on the head of litigation till the conclusion of the case. 2 Counsel for the opposite party, wife would submit that as a matter of fact, no payment has been made by way of compliance of the impugned order. Counsel for both the parties are in agreement that such amount of arrears would be payable from 13.7.2006 and therefore, arrear towards the maintenance at the rate of Rs. 2200/- per month from July 2006 to August 2008 must be paid by the petitioner to the opposite party within a period of three months in three equal monthly installments whereas the current amount shall be paid as directed by the Court on every 15th of the month from the month of September 2008. With the aforesaid observations/directions and modification in the impugned order, this civil revision application is hereby disposed off. Rsh (Mihir Kumar Jha, J.)