Neutral Citation No. - 2025:AHC:73598 Court No. - 79 Case :- CRIMINAL REVISION No. - 5301 of 2024 Revisionist :- Manish Kumar Sharma Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Daya Shanker Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the material on record. This criminal revision has been filed with a prayer to allow the present revision and set aside the impugned order dated 10.07.2024 passed by the learned Additional Principal Judge, Family Court, No. 3, Ghaziabad in Case No. 560 of 2022 (Smt. Kusum Vs. Manish) under Section 125 of Cr.P.C., Police Station Loni Border, District Ghaziabad. It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 is wife of the revisionist and opposite party nos. 3 and 4 are minor children. It is further submitted that the opposite party no. 2 is living separate from the husband without any reasonable excuse and filed an application under Section 125 Cr.P.C. An application for interim maintenance was also filed which was decided by the learned trial court dated 10.07.2024 fixing the amount of interim maintenance Rs. 2,500/- per month in favour of wife and Rs. 1,000/- per month for each child, total amount of maintenance Rs. 4,500/- per month. He further submits that the revisionist works as Conductor in D.T.C. and gets salary Rs. 16,000/- per month out of which he is to maintain his old parents and himself. It is further submitted that the learned trial court without considering all these facts granted the amount of maintenance Rs. 4,500/- per month in favour of wife and two minor children. The amount so fixed by the learned trial court is excessive and beyond his paying capacity, therefore, request to set aside the order passed by the learned trial court dated 10.07.2024 and reduce the said amount. Learned A.G.A. opposed the prayer as aforesaid. On considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, the order passed by the learned trial court dated 10.07.2024, it appears that the opposite party nos. 2, 3 and 4 are wife and minor children of the revisionist. The opposite party no. 2 is living separate from the husband with two minor children due to neglect on his part. The opposite party no. 2/wife is an educated lady and she is M.A. and C.T.E.T. but there is nothing on record to show that she is earning by teaching in Little Star School as contended by the revisionist. On the other hand, the revisionist is working as Conductor in D.T.C. and gets salary Rs. 20,000/- per month as shown in his bank account detail. Learned trial court has fixed the amount of Rs. 2,500/- per month in favour of wife, Rs. 1,000/- per month for each child which cannot be said to be excessive or more than sufficient for the maintenance of wife and children and also it is not disproportionate to the income of the revisionist. The total amount of maintenance Rs. 4,500/- per month cannot be said to be excessive. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court dated 10.07.2024 but this criminal revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is, hereby, dismissed. Order Date :- 7.5.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad