Neutral Citation No. - 2025:AHC:77580 Court No. - 79 Case :- CRIMINAL REVISION No. - 5401 of 2024 Revisionist :- Abdul Kadir Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Ashiyam Nasir,Shabeena Begum Counsel for Opposite Party :- Mohd. Shaafi,G.A.,Shujauddin Hon'ble Subhash Chandra Sharma,J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the revisionist, learned counsel for the opposite party nos.2 to 4 as well as learned A.G.A. for the State and perused the record. The present criminal revision has been filed with prayer to allow this application and set aside the judgment and order dated 22.07.2024 passed by learned Principal Judge, Family Court, Rampur in Criminal Misc. Case No.1018 of 2023 (Smt. Rubina Parveen & others Vs. Dr. Abdul Kadir), under Section 125 Cr.P.C. It is submitted by learned counsel for the revisionist that in this case the learned trial court has fixed the amount of Rs.7000/- per month in favour of the wife and Rs. 2000/- per month for each to two minor children as interim maintenance. It is also submitted that the wife is B.S.C. Nursing degree holder and has a capacity to maintain herself. The revisionist is B.U.M.S. degree holder and works in Nursing Home and gets salary. The amount so fixed by learned trial court is beyond the paying capacity of the revisionist, therefore, request to reduce the maintenance amount and also submits that recovery notice for the amount Rs. 1,87,000/- has also been issued by the learned trial court, therefore, it must be divided into easy equal installments. Learned counsel for the opposite party nos.2 to 4 has opposed the prayer as aforesaid and contended that the revisionist works as doctor and makes handsome income. On the other hand, wife is an unemployed lady and is not making any income. She is unable to maintain herself and also two minor children those are living with her. The amount fixed by the learned trial court Rs. 7000/- per month to the wife and Rs. 2000/- per month for the children, cannot be said to be excessive but it is less than sufficient. This order was passed on 22.07.2024 but revisionist has not paid any amount to her, as a result, notice was issued by the learned trial court for recovery. For avoiding the liability, present revision has been filed by him, therefore, it is liable to be dismissed. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, perusal of record and the order passed by learned trial court, it appears that the wife with two minor children is living apart from the revisionist due to neglect and she is not able to maintain herself as having no income. Only on the basis of she being nursing degree holder, it cannot be concluded that she is making any income to maintain herself and her two minor children. The amount fixed for interim maintenance in favour of the wife and two minor children cannot be said to be excessive or more than paying capacity of the husband. In this view, the order passed by the learned trial court on 22.7.2024 warrants no interference by this Court. So far as the arrears of interim maintenance of Rs. 1,87,000/- is concerned, the amount of Rs. 75,000/- shall be paid by the revisionist within a period of one month from today and remaining amount will be paid in 12 equal installments alongwith the current amount of interim maintenance month to month. If he fails to make payment as aforesaid, learned trial court will be at liberty to realize the amount as per law. Accordingly, this criminal revision is disposed of finally. Order Date :- 12.5.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad