IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.759 of 2008 DR. DULAR CHAND SAH Versus SUNITA DEVI & ORS ----------- 2. 22.9.2008 Surendra/ Heard counsel for the petitioner. In the opinion of this Court the amount of Rs. 1,000/- by way of monthly maintenance cannot be said to be either excessive or illegal (subject to what the opposite party may feel about this order). Counsel, however, has a grievance and rightly so that there should not have been a flat order for payment of cost of litigation at the rate of 300/- per day, especially when the opposite party wife is not even appearing in the proceedings. Accordingly, the impugned order is modified to the extent that the opposite party wife or two children would get this cost of litigation only when they are represented and/or would appear in the proceedings. In other words, on the day the opposite parties are not represented they will not be paid the amount of Rs.300/-. With the aforementioned modification this application is disposed of. (Mihir Kumar Jha,J.)