Neutral Citation No. - 2025:AHC:114628 Court No. - 84 Case :- CRIMINAL REVISION No. - 617 of 2025 Revisionist :- Anand Mishra Alias Sachchidanand Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Om Prakash Pandey,Ved Prakash Pandey 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 and order dated 13.12.2024 passed by learned Additional Principal Judge, Family Court, Shahjahanpur in Criminal Case No. 572 of 2019 (Aradhana Dixit and another Vs. Anand Mishra alias Sachchidanand) under Section 125 Cr.P.C., P.S. Puwayan, District Shahjahanpur and further prays to stay the entire proceeding of the aforesaid case. 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 son. He further submits that the marriage was performed in the year 2014 and out of wedlock opposite party no. 3, minor son was born in the year 2016. In the year 2019, the opposite party no. 2 left her matrimonial house and went away to her maika without any sufficient cause. she is operating a beauty parlour in her maika and is able to maintain herself. The revisionist was working in reliance company but now he is unemployed and having no any regular income. The learned trial court has decided the application filed by the wife under Section 125 Cr.P.C. by order dated 13.12.2024 fixing the amount of maintenance Rs. 2,000/- per month in favour of wife and Rs. 1,000/- per month in favour of minor child from the date of application to the date of order and from the date of order this amount is Rs. 2,500/- per month in favour of wife and Rs. 1,500/- per month in favour of minor son, total amount Rs. 4,000/- per month that is beyond his paying capacity, therefore, request to set aside the order passed by the learned trial court and allow the revision. Learned A.G.A. opposed the prayer 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 13.12.2024 admittedly opposite party no. 2 is wife and opposite party no. 3 is minor son of the revisionist. She is living apart from him due to his neglect and has no any income either to maintain herself or the minor child. The beauty parlour said to be operated by the wife was opened by her mother after three to four years of her marriage. The wife has no any special qualification as beautician and she lived with the revisionist for a period of five years but no any such work was done by her in her sasural, therefore, it cannot be said that she is expert in the work of beauty parlour and just after leaving her sasural she started operating the beauty parlour and making income. The minor child is more than six years of age and going to school. Expenses of his education are being borne by the wife herself with the help of her mother though the liability to maintain his wife and minor child is on the husband/ revisionist. Since he is able bodied person, therefore, he cannot deny the liability to maintain his wife and minor child. The learned trial court has fixed the amount of maintenance that is less than sufficient and cannot be said to be excessive. In this way, there appears no any illegality or impropriety in the order passed by the learned court dated 13.12.2024 but this criminal revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is, hereby, dismissed at the admission stage itself. Order Date :- 16.7.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad