IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1491 of 2007 SHEO KUMAR GUPTA, S/O- RAM DULAR GUPTA, VILLAGE- MAHIMPUR, JALALPUR, P.S.- JALALPUR, DISTT. JAUNPUR(U.P.) Versus 1. ARCHANA DEVI WIFE OF SHIV KUMAR GUPTA, D/O- NARAYAN PD. GUPTA BEHIND SEHU CINEMA ADASH COLONY, P.S.- SASARAM, DISTRICT- ROHTAS (SASARAM). 2. THE STATE OF BIHAR. ----------- 3 24.08.2010 Counsel for the petitioner is present. No body has appeared on behalf of the O.P. no. 1 although duly executed Vakalatnama has already been filed on behalf of the O.P. no. 1. Learned counsel submits that the condition of allowing the application under Section 126(2) Cr.P.C. is quite harsh and unreasonable. It appears that the petitioner (husband) did not appear and contest the application for ad-interim maintenance and resultantly an ex-parte order was passed on 30.10.2006 whereby the husband was directed to pay a sum of Rs. 1500/- per month by way of ad-interim maintenance. By the order impugned, it has been directed that the husband shall pay cost of Rs. 10,000/- to the applicant and further that he shall continue to pay a sum of Rs. 1500/- per month as ad-interim maintenance allowance w.e.f. Novenber, 2006. After having heard learned counsel for the petitioner, this Court is satisfied that the following modification in the operative portion of the order shall serve the cause of justice: The cost of Rs. 10,000/- (ten thousand) imposed on him is reduced to a sum of Rs. 5,000/-. Let the petitioner comply with the operative portion of 2 the impugned order as modified by this order within five weeks from the date of receipt/production of a copy of this order. With this modification, the application stands disposed of. pkj ( Kishore K. Mandal, J. )