HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 457 of 2025 Court No. - 84 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 material on record. This criminal revision has been filed with prayer to enhance the maintenance amount of revisionists in accordance with law, whereby learned Family Court has directed to the opposite party no.2 to pay amount Rs.2000/- per month to the revisionists during the pendency of instant criminal revision before this Hon'ble Court. It is submitted by learned counsel for the revisionist that in this case the revisionist no.1 is wife & 2 is minor daughter of the opposite party no.2. The marriage of the opposite party no.2 was performed in the year 2017 with the revisionist, thereafter, she was maltreated by the opposite party no.2 that was the reason she is living apart from him. Further submitted that when she was pregnant and gave birth to a female child, the opposite party no.2 and other members of his family started harassing her and also left her in her parents house since then she is living there and no amount of maintenance is being given by the opposite party either to the wife or to the minor child. She filed application u/s 125 Cr.P.C. before the learned trial court which was decided by the order dated 28.10.2024 fixing the amount of maintenance Rs.1500/- per month in favour of wife and Rs.500/- per month in favour of minor child, total Rs.2000/- per month. He also submits that the revisionist no.1 has no any source of income and is not able to maintain herself and the minor daughter. He also submits that the revisionist was operating factory for Versus Counsel for Revisionist(s) : Madhava Nand Shukla, Saurabh Kumar Counsel for Opposite Party(s) : G.A. Arshi Fatima And Another .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) manufacturing belt of vehicles and making handsome income but for avoiding the liability he has produced the income certificate before the learned trial court showing his income Rs.4666/- per month. Though he is able bodied person and in case it is assumed that he works as labourer he will earn Rs.500/- per day and in a month it will become Rs.15,000/- per month out of which Rs.2000/- per month for the mother and the child cannot be said to be sufficient for their maintenance, therefore, request to increase the amount as fixed by the learned trial court as it has committed error in fixing the amount of maintenance. Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and contended that the opposite party no.2 is unemployed person and has no any regular source of income. He is ready to keep the wife and minor child with him but she is not willing to live with him. It is also contended that the revisionist no.1 operates beauty parlour and makes income. On the other hand he sells eggs on a cart and makes income Rs.4000-5000/- per month. The learned trial court has fixed the amount of maintenance in favour wife and minor child after considering income of the opposite party no.2, therefore, there is no illegality in order passed by the learned trial court. Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties as well as learned A.G.A., perusal of record and the order passed by the learned trial court, it appears that the wife and minor child, the revisionist no.1 & 2 are living apart from opposite party no.2 due to his neglect and are unable to maintain themselves. There is nothing on record to show that she is operating beauty parlour and making income and is able to maintain herself and also the minor daughter. On the other hand, the opposite party no.2 is able bodied person and is under legal obligation to maintain his wife and minor daughter. The amount to be fixed for the maintenance of wife and minor child can not be meagre or beggar like but it must be reasonable and sufficient for their maintenance. The amount fixed by the learned trial court Rs.1500/- per month in favour of wife and Rs.500/- per month in favour of minor child is less than sufficient and is liable to be increased. In case the revisionist works as labourer even then he will earn Rs.500/- per day and in the month Rs.15,000/-. In considered opinion of this Court, the amount of maintenance in favour of wife is increased to Rs.3000/- per month on the place of Rs.1500/- per CRLR No. 457 of 2025 2 month and in favour of minor daughter it is increased to Rs.2000/- per month on the place of Rs.500/- per month, total Rs.5000/- per month from the date of application. Accordingly, this criminal revision is partly allowed. September 12, 2025 Ashok Gupta CRLR No. 457 of 2025 3 (Subhash Chandra Sharma,J.) Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad