HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 3233 of 2024 Court No. - 86 HON'BLE HARVIR SINGH, J. 1. On 11.2.2026, this Court has passed the following order:- "1. Despite service of notice, none appeared on behalf of opposite party no. 2. 2. Two weeks and no more time is granted to learned counsel for the opposite party no. 2 to file counter affidavit, failing which the revision shall be decided as per available records. 3. List this case as fresh on 19.03.2026." 2. List has been revised, but none appears today on behalf of either of the parties to press the instant revision, even on revised call. Hence, the revision is taken up for disposal accordingly. 3. The instant revision has been filed against the order dated 18.5.2024 passed by learned Principal Judge, Family Court Bareilly in Criminal Misc. Case No.499 of 2021 (Smt. Anam Zafar Shamsi vs. Shahzad Noor Shamsi), under Section 125 CrPC, Police Station Kila, District Bareilly, whereby the application moved by the revisionist under Section 125 CrPC has been dismissed. 4. The revisionist herein has taken a ground that learned Principal Judge, Family Court, Bareilly did not consider the entire facts available on record and the source of income of opposite party No.2. It has been averred by the revisionist that, the opposite party No. 2 is having two shops in the main market in Pilibhit and has purchased the second shop for a sum of Rs. 60 lakhs and is running a business of selling toys, cosmetics etc, and is generating sufficient income from the said two shops. It has also come on record that, opposite party No. 2 placed some certificate of income, which Versus Counsel for Revisionist(s) : Anil Kumar Shukla, Sarita Jhingan, Shivam Shukla Counsel for Opposite Party(s) : G.A. Smt Anam Zafar Shamsi .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) was completely believed by learned Principal Judge, Family Court, Bareilly and based on the said income certificate and discarding the source of income from the said two shops, the application of the revisionist for maintenance has been dismissed summarily. 5. It has also been averred by the revisionist that, had the learned Principal Judge, Family Court, Bareilly considered the income being generated from said two shops, appropriate orders for grant of maintenance ought to have been passed by learned Family Court. However, by discarding the main source of income and relying upon a bare income certificate of Rs.4,500/-, an illegality has been committed by learned Principal Judge, Family Court, Bareilly and prayer has been made in the instant revision that, the impugned order dated 18.5.2024 is liable to be quashed and set aside. 6. Per contra, learned AGA for State has submitted that, the impugned order dated 18.5.2024 passed by learned Family Court is in accordance with law and calls for no interference by this Court. 7. Having considered the material available on record and the averments made in the instant revision, though the opposite party No. 2 did not file any counter affidavit, despite being afforded sufficient opportunity, it is clear that the opposite party No. 2 is having two shops in the market in Pilibhit and is running business of selling toys, cosmetics etc. and therefore, it cannot be presumed by any stretch of imagination that, the opposite party No. 2 has no source of income and income certificate issued, without assessing the income of opposite party No. 2 generated from said two shops, is not tenable in the eyes of law. 8. Under such circumstances, the impugned order dated 18.5.2024 is hereby quashed and set aside and the matter is remanded back to learned Principal Judge, Family Court, Bareilly for passing an order afresh by taking into consideration, the income being generated from said two shops, as well as the income tax returns, if any, filed by opposite party No. 2 and any tax being paid under Goods and Services Tax Act, besides other source of income, if any, as held by Hon'ble Supreme Court in the case of Rajnesh Vs. Neha and Another reported in (2021) 2 SCC 324. The instant revision is hereby allowed. March 19, 2026 Gurpreet Singh CRLR No. 3233 of 2024 2 (Harvir Singh,J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad