Neutral Citation No. - 2025:AHC:108350 Court No. - 84 Case :- CRIMINAL REVISION No. - 6664 of 2024 Revisionist :- Mohd Shueb @ Ranu Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Fakhruzzaman Counsel for Opposite Party :- Akash Balmik,G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned counsel for the opposite party alongwith learned A.G.A. for the State and perused the record. The present criminal revision has been filed with prayer to allow the present revision and to reduce the amount of maintenance of Rs.20,000/- per month from the date of application and order dated 26.11.2024 passed by Principal Judge, Family Court, Jhansi in Maintenance Case No.162/2024 (Smt. Yasmin and another vs. Mohd. Shueb @ Ranu) under Section 125 Cr.P.C., District Jhansi during the pendency of this revision. It is submitted by learned counsel for the revisionist that in this case the opposite party no.2 is wife and opposite party no.3 is minor child of the revisionist. The opposite party no.2 is living separate from him without any sufficient cause and filed an application u/s 125 Cr.P.C. with an application for interim maintenance which has been decided by the learned trial court by order dated 26.11.2024 fixing the amount of Rs.15,000/- per month in favour of the wife and Rs.5000/- per month in favour of child, total Rs.20,000/- per month as interim maintenance. He further submits that the revisionist has no such source of income but his annual income is about Rs.4 lakhs that is about Rs.33,000/- per month out of which Rs.20,000/- per month has been fixed as interim maintenance in favour of wife without considering the annual expenses and other liabilities of the revisionist. In this way, the amount of interim maintenance being excessive is liable to be reduced, therefore, request to reduce the amount of interim maintenance. Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and contended that the revisionist has concealed his actual income. He has several other shops which have not been disclosed by him and he filed I.T.R. showing his income less than the real. The opposite party no.2 is physically disabled and unable to move and also undergoing treatment but no any amount is being given by the revisionist to her either for her treatment or for maintenance. The learned trial court has fixed the amount of interim maintenance which cannot be said to be more than sufficient or disproportionate to the income of revisionist. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, perusal of record and the order dated 26.11.2024, it appears that the opposite party nos.2 & 3 are wife and minor child of the revisionist and are living separate from him due to his neglect. The opposite party no.2 is physically disabled and has no any source of income to maintain her and the minor child. On the other hand, the revisionist has filed I.T.R. showing his income Rs.3,65,930/- in the assessment year 2022- 2023. In the assessment year 2023 his gross income has been shown to be Rs.3,93,600/-. Taking into account the total annual income of the revisionist the amount fixed by the learned trial court as interim maintenance in favour of wife appears to be excessive, therefore, it is liable to be reduced. Accordingly, this criminal revision is partly allowed with modification that the amount of interim maintenance in favour of wife is reduced to Rs.10,000/- per month on the place of Rs.15,000/- per month and in favour of child it will remain the same as directed by learned trial court. Order Date :- 9.7.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad