Neutral Citation No. - 2025:AHC:108591 Court No. - 84 Case :- CRIMINAL REVISION No. - 6696 of 2024 Revisionist :- Vikas Kumar Opposite Party :- State Of U.P. Through Its Principal Secretary (Home) At Lucknow, U.P. And 2 Others Counsel for Revisionist :- Atul Kumar 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 material on record. This criminal revision has been filed with a prayer to allow the revision and set aside the judgment/order dated 21.10.2024 passed by learned Principal Judge, Family Court, District Shamli in Case No. 91 of 2024 (Smt. Priti @ Priyanka and Another Vs. Vikas Kumar), under Section 125 Cr.P.C., Police Station Babri, District Shamli and further prays to stay the effect and operation of the aforesaid order during the pendency of this revision. It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 is wife and opposite party no. 3 is minor son. He further submits that opposite party no. 2 is living separate from him without any sufficient reason and filed and application under Section 125 Cr.P.C. An application for interim maintenance was also moved that was decided by the learned trial court by order dated 21.10.2024 fixing the amount of Rs. 5,000/- per month as interim maintenance from the date of order. He further submits that the revisionist was working as toll tax collector but in the year 2018 he was expelled from his job and now he is unemployed and have no any income. The amount of Rs. 5,000/ per month is beyond his paying capacity, therefore, request to reduce the amount. Learned A.G.A. opposed the prayer as aforesaid and contended that in this case the opposite party no. 2 is wife and opposite party no. 3 is minor son of the revisionist. The opposite party no. 2 is living separate from him due to neglect and harassment, therefore, it cannot be said that she is living separate without sufficient cause. The learned trial court has fixed the amount of interim maintenance in favour of wife and minor child Rs. 5,000/- per month which cannot be said to be more than sufficient or excessive. The learned trial court has not committed any error in passing the order as aforesaid. On considering the facts and circumstances, 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 21.10.2024, admittedly the opposite party nos. 2 and 3 are wife and son of the revisionist and she is living separate from him due to his neglect, therefore, there is sufficient reason for her to live separate from him. There is no any material on record to show that she is able to maintain herself and also to the minor child. On the other hand, the revisionist is able bodied person and under obligation to maintain his wife and son. It also appears that he was working as toll tax collector till the year 2018, but now he is unemployed as per his submission but being able bodied person he cannot exempt himself from the liability of providing maintenance to his wife and minor child. The amount fixed by the learned trial court Rs. 5,000/- per month for two persons cannot be said to be excessive or more than sufficient. There appears no any illegality or impropriety in the order passed by the learned trial court dated 21.10.2024 and does not warrant any interference by this Court. So far as the recovery of arrears of the amount of interim maintenance is concerned, this amount shall be paid by the revisionist in ten equal installments those are to be paid month to month with the current amount of maintenance. Accordingly, this criminal revision is disposed of finally. Order Date :- 9.7.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad