HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 157 of 2024 Court No. - 86 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the applicant and Sri Ankur Singh, learned counsel for opposite party No. 2 and learned AGA for the State. 2. The instant criminal revision has been filed against the order dated 8.12.2023 passed by learned Principal Judge, Family Court, Saharanpur, by which a sum of Rs. 10,000/- has been awarded to opposite party No. 2. 3. It is the contention of the learned counsel for the revisionist that the said amount of Rs. 10,000/- is excessive and beyond the financial resources of the revisionist, as the salary of the revisionist is barely Rs. 12,000/- per month, therefore, he is not able to pay the said amount of Rs. 10,000/- to opposite party No. 2. 4. It is further contended by learned counsel for the revisionist that the revisionist has no other source of income, whatsoever, and is doing some private job. Learned counsel for the revisionist also submitted that the learned Principal Judge, Family Court did not consider the facts brought on record and the evidences as submitted by the revisionist (herein) and has passed the order in a cursory manner. The said amount of Rs. 10,000/- awarded as monthly maintenance to opposite party No. 2, is beyond the financial capacity of the revisionist. 5. Learned counsel further submitted that the allegations of adultery have also been levelled against opposite party No. 2. It is also submitted that certain photographs were placed before the learned Family Court, besides that, one pen drive was also filed but the learned Family Court has arrived at the finding that the said photographs were denied by opposite party No. 2 that the photographs annexed are not her photographs. Moreover, other Versus Counsel for Revisionist(s) : Bhagwan Dutt Pandey, Brijendra Kumar Srivastava, Shekhar Mishra Counsel for Opposite Party(s) : Anil Kumar Tyagi, Ankur Singh, G.A., Rajesh Singh Vineet @ Goldi .....Revisionist(s) State of U.P. .....Opposite Party(s) electronic evidences, which were placed on record, were not supported by any certificate, as prescribed under Section 65 B of the Indian Evidence Act. Learned counsel prayed that the order dated 8.12.2023 is liable to be quashed. 6. Per contra, learned counsel for opposite party No. 2 has submitted that the order passed by learned Principal Judge, Family Court, Saharanpur is in accordance with law, as no illegality, whatsoever, has been found to be committed by learned Family Court and further submitted that the revisionist (herein) is having degree of M. B. A. (Masters of Business Administration) and therefore, is capable of earning sufficient income. Moreover, it is also contended by learned counsel for opposite party No. 2 that besides having M.B.A. degree, the revisionist is also having some property business, from where sufficient income is being generated. Besides that, revisionist is also running City Cable and is having G. S. T. No., therefore, any person paying the tax in this country, cannot be presumed to be a poor person and Rs. 10,000/- as awarded by learned Family Court, is barely minimum, for which the applicant has appropriate remedy for seeking enhancement of the said amount, as provided under law. 7. Having considered the rival contentions and the fact that the sources of income of the revisionist have been shown to be multifold; first of all, revisionist is having degree of Masters in Business Administration (M.B.A.); secondly, revisionist is running property business; and thirdly running City Cable and is paying Goods and Services Tax (G. S. T.) to the Government and therefore, his income cannot be presumed to be less, that he is not capable of paying Rs. 10,000/- to opposite party No. 2 as held by Hon'ble Supreme Court in the case of Shamima farooqui Vs Shahid Khan reported in AIR 2015 SC 2025. 8. In view of the above, the instant revision lacks merit and is accordingly dismissed. March 18, 2026 HR CRLR No. 157 of 2024 2 (Harvir Singh,J.) Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad