HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 78 of 2024 Court No. - 86 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the parties and perused the material available on record. 2. The instant revision has been filed against the order dated 06.10.2023 passed by learned Family Court, Prayagraj in Maintenance Case No. 700 of 2008 under Section 125 Cr.P.C. By the said order, a sum of Rs. 5,000/- has been awarded as monthly maintenance to opposite party no. 2. 3. Learned counsel for the revisionist submitted that the sum of Rs. 5,000/- is excessive, arbitrary and beyond the financial resources of the revisionist, as the revisionist is not capable of paying that much amount awarded by learned Family Court. Learned counsel for the revisionist further submitted that learned Additional Principal Judge, Family Court did not consider the entire facts and evidence on record, while passing the order dated 06.10.2023. He further submitted that the revisionist is a driver and therefore, is not capable of paying the said amount of Rs. 5,000/- to opposite party no. 2. It is prayed that the order dated 06.10.2023 is liable to be quashed and set aside. 4. Per contra, learned A.G.A. appearing for the State submitted that it is a matter of record that a decree of divorce has passed between the parties vide order dated 17.09.2017 under Section 13B of Hindu Marriage Act, however there is no embargo or bar that even if a decree of divorce is passed between the parties, then the wife is not entitle for any grant of maintenance. Learned A.G.A. submitted that order passed by learned Versus Counsel for Revisionist(s) : Pradeep Kumar Yadav Counsel for Opposite Party(s) : G.A., Vijayendra Kumar Satan Bahadur Dhuriya @ Khajanchi .....Revisionist(s) State Of Up Others .....Opposite Party(s) Family Court is in accordance with law and calls for no interference by this Court. 5. Having considered the rival contentions and the fact that the revisionist is a skilled person and is a driver and therefore, capable of paying the said amount of Rs. 5,000/- as held by Hon'ble Supreme Court in Shamina Farooqui vs. Shahid Khan reported in (2015) 5 SCC 702, as such no illegality or infirmity is found in the order dated 06.10.2023 passed by learned Additional Principal Judge, Family Court and the instant revision is devoid of merit and is hereby dismissed. March 19, 2026 Kirti CRLR No. 78 of 2024 2 (Harvir Singh,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad