Neutral Citation No. - 2025:AHC:92121 Court No. - 79 Case :- CRIMINAL REVISION No. - 5883 of 2024 Revisionist :- Akash Agarwal Opposite Party :- State Of Up And 2 Others Counsel for Revisionist :- Alok Kumar Dwivedi,Arti Agarwal,Indra Deo Mishra 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. and perused the record. This criminal revision has been filed by the revisionist with prayer to set aside the impugned judgment and order dated 16.08.2024 passed by the learned Principal Judge, Family Court, Agra in Criminal Misc. Case No. 573 of 2023 (Smt. Sonali @ Avika Agarwal and another Vs. Akash Agarwal), under Section 125 Cr.P.C., Police Station Kamla Nagar, District Agra. It is submitted by learned counsel for the revisionist that in this case, opposite party no. 2 and 3 are wife and minor son of the revisionist. The marriage was performed in the year 2020 and minor son was born in the year 2021. No any demand of dowry or harassment of the wife was done by the revisionist or any member of his family but she left her sasural and went to live in her maika with the minor son. He tried again and again to come back but she denied to live with him. She is also M.Com and able to maintain herself and the minor son even though she filed present application for maintenance with an application for interim maintenance showing herself to be housewife. The learned trial court did not consider her qualification and earning capacity but fixed interim maintenance Rs. 6000/- per month in favour of wife and Rs. 3000/- per month in favour of minor son. The revisionist works as chartered accountant and also filed ITR which shows his income but there are some liabilities as repayment of loan, therefore the amount fixed by the learned trial court is excessive and request to reduce the amount and also divide the arrears in easy installments. 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., perusal of record and order passed by learned trial court dated 16.08.2024, it appears that the opposite party nos. 2 and 3 are married wife and minor son of the revisionist. Due to neglect on his part she is living apart from him in her Maika with her minor son. He has not given any amount either for her maintenance or his minor son, it also shows neglect on the part of the husband. Only on the basis of wife being highly qualified, it cannot be said that she is able to maintain herself and the minor child. The revisionist is working as chartered accountant and filing ITRs. The ITRs filed in the assessment year 2020-21 shows his total income Rs. 499,980/-, in the assessment year 2021-22, Rs. 4,98,940/- and in the assessment year 2023-24, Rs. 4,87,990/-. In average the income of the revisionist is more than Rs. 40,000/- per month out of which Rs. 6000/- in favour of wife and Rs. 3000/- in favour of minor son cannot be said to be excessive or beyond paying capacity of the revisionist/husband. In this way, there appears no any illegality or impropriety in the order passed by learned trial court and it does not warrant interference by this Court. So far as the amount of arrears of maintenance is concerned, the learned trial court has already divided into three installments payable with current amount of maintenance. For convenience the amount of arrears of maintenance may be divided in six equal installments to be payable with current amount of interim maintenance as fixed by the learned trial court. Accordingly, this revision is disposed of finally at admission stage. Order Date :- 27.5.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad