Neutral Citation No. - 2025:AHC:86532 Court No. - 79 Case :- CRIMINAL REVISION No. - 6269 of 2024 Revisionist :- Naseemuddin Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Shivajee Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record. The present criminal revision has been file with prayer to allow the revision by setting aside the impugned judgment and order dated 23.09.2024 passed by the learned Principal Judge, Family Court, Kaushambi in the Case No.39/2020 (Smt. Shamshun & others vs. Naseemuddin) under Section 125 Cr.P.C., Police Station Kadadham, District Kaushambi. It is submitted by learned counsel for the revisionist that in this case the opposite party nos.2, 3 & 4 are wife and sons of the revisionist. Further submitted that all are living separately in the house of the revisionist and the wife runs a shop and is able to maintain herself by making income and one child has also become major. The revisionist is suffering from blood pressure, thyroid, piles, diabetes and his eye sight is also weak, even he is about to become deaf, therefore, he has no capacity to make earning and lives at home. The learned trial court without considering his inability passed the order dated 23.09.2024 fixing the amount of maintenance Rs.3000/- per month in favour of wife and Rs.1000/- per month for each child, total Rs.5000/- per month which is excessive and beyond paying capacity of the revisionist, therefore, request to set aside the order passed by the learned trial court as being erroneous. Learned A.G.A. opposed the prayer as aforesaid. 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 the order dated 23.09.2024 passed by the learned trial court, it appears that the opposite party nos.2, 3 & 4 are wife and children of the revisionist who are living in the same house where the revisionist lives but they are living separate from him due to neglect on his part. No any amount is being given to the wife or the children for their maintenance though he is able bodied person and under legal obligation to maintain his wife and minor children. There is nothing on record to show that he is unable to make earning due to his illness. The learned trial court has fixed the amount of maintenance Rs.3000/- per month in favour of wife and Rs.1000/- per month for each child till their attaining the age of majority from the date of application. There appears no any illegality or impropriety in the order passed by the learned trial court, therefore, it does not warrant any interference by this Court. Accordingly, this criminal revision is dismissed at the admission stage itself. Order Date :- 22.5.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad