HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 569 of 2025 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. 1. Heard learned counsel for the revisionist and learned learned counsel for the opposite party nos. 2 to 6, learned A.G.A. for the State and perused the record. 2.Present criminal Revision has been filed against the judgment and order dated 22.11.2024 passed by learned Principal Judge, Family Court, Shamli place Kairana in Maintenance Case No. 163 of 2023 (Km. Jyoti and others Versus Smt. Babita and another) under Section 125 Cr. P.C., Police Station Jhinjhana, District Shamli whereby the learned counsel below has granted maintenance of Rs. 4000/- each for opposite party no. 2,3,4 and 5 only against the revisionist father and not awarded any maintenance against the earning mother-opposite party no.6. 3. It is submitted by the learned counsel for the revisionist that in this case he is father of opposite party nos. 2 to 5. He further submitted that an application for maintenance under Section 125 Cr. P.C. was filed by the opposite party nos. 2 to 5 through their Grand father-Jai Pal Singh as guardian against the revisionist and mother opposite party no. 6-Smt. Babita. He also submitted that learned trial court has fixed the amount of Rs. 4000/- per month for each child, total Rs. 16,000/- payable by the revisionist himself, but has not fastened any liability on the shoulder of mother of children, who is also employee and get salary of Rs. 29,000/- per month, therefore, request to fasten the liability on both mother and father. Learned trial court has committed error in fixing liability, therefore, request to set Versus Counsel for Revisionist(s) : Man Bahadur Singh Counsel for Opposite Party(s) : Sanjeev Kumar Rai, G.A. Paritosh .....Revisionist(s) State Of U.P. And 4 Others .....Opposite Party(s) aside the order dated 22.11.2024 and allow the revision. 4. Learned A.G.A. as well as learned counsel for the opposite party nos. 2 to 6 opposed the prayer as aforesaid and contended that the revisionist is living with the opposite party nos. 2 to 5 and also with his father and he is maintaining the children. The opposite party no.6 Smt. Babita is living apart. Revisionist himself get Rs. 30,000/- per month by working as Lab Technician and has landed property of his father, so he is able to maintain the children. He has not given any amount of maintenance to Smt. Babita- wife, therefore, liability of minor children cannot be fastened against the mother of the children. Learned trial court after considering all these fact, has passed order dated 22.11.2024 and there is no illegality in the order. 5. On 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 order dated 22.11.2024 passed by the learned trial court, it appears that the revisionist and opposite party no.6 both are husband and wife who are living apart from each other. The opposite party nos. 2 to 5 are their children, those are living with the revisionist and are being brought up by him. The revisionist is also working as Lab Technician and joined his services on contact basis on 26.07.2016 and get Rs.30,000/- per month. On the other hand, the opposite party no.6- Smt. Babita is also working as Staff Nurse on contract basis and getting Rs. 29,000/- per month as disclosed by her in her affidavit. Since the opposite party nos. 2 to 5 are children of the revisionist and opposite party no.6 and both husband and wife are working, therefore, liability to maintain the children must be born by both the persons. 6. In the considered opinion of this Court, the amount fixed by the learned trial court for each child is Rs. 4000/- per month, out of which Rs. 2000/- per month for each child shall be paid by the wife-opposite party no.6-Smt. Babita till they attain their majority. 7. Accordingly, the order dated 22.11.2024 is modified. The criminal revision is allowed partly. September 18, 2025 T.S. CRLR No. 569 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad