HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 699 of 2025 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the revisionist, Sri Krishna Kant Dubey, learned counsel for opposite party no. 2 as well as learned A.G.A. and perused the record. This criminal revision has been filed by the revisionist with prayer to set aside the impugned judgment and order dated 09.01.2025 passed by the learned Additional Principal Judge, Family Court No. 1, Ghaziabad in Case No. 390 of 2018 (Smt. Sunita Vs. Manoj), under Section 125 Cr.P.C., Police Station Kavinagar, District Ghaziabad. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife of the revisionist and have four children from the wedlock out of which three are living with the revisionist and one minor daughter is living with the opposite party no. 2. The opposite party no. 2 is living without any sufficient cause separate from him in the house of her sister. The revisionist is bringing up minor children anyway. There is no any regular source of income of the revisionist. The amount as fixed by the learned trial court Rs. 6000/- per month in favour of wife from the date of application is excessive and beyond his paying capacity. The revisionist himself has disclosed his income to be Rs. 25,000/- per month from rent in his affidavit out of which he is to maintain himself and three children and also to bear the expenses on their education, therefore, request to set aside the order and reduce the amount. Learned counsel for the opposite party no. 2 as well A.G.A. opposed the prayer as aforesaid and contended that due to neglect on the part of the revisionist, the opposite party no. 2 is living apart from him in her sister's house. Her parents are not alive and there is no support for her that is the reason she is living in the house of her sister. Since the revisionist was in relation with some other lady, namely, Kavita that was the reason she was maltreated by him and was compelled to live separate from him. In this way, there is sufficient reason for wife to live separate from the husband. Admittedly, the revisionist earns Rs. 25,000/- per month from rent as disclosed by him Versus Counsel for Revisionist(s) : Alok Kumar Singh Counsel for Opposite Party(s) : G.A., Krishna Kant Dubey, Santosh Kumar Dubey Manoj .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) in the affidavit filed in compliance of observation in case of Rajnesh Vs. Neha and another (2021) 2 Supreme Court Cases 324 out of which he is to maintain himself and also three children those are living with him. He does not dispute the fact about the expenses of minor children those are minor living with the husband and also about the income. In the situation of the case, she is agreed to fix the amount of maintenance Rs. 4000/- per month from the date of application to the date of order and from the date of order Rs. 6000/- per month. On considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A. perusal of record and order passed by learned trial court, it appears that the opposite party no.2 and the revisionist are husband and wife. Admittedly, there are four children from the wedlock out of which three are living with the revisionist and one minor female child is living with the wife/opposite party no.2 . She is living separate from him in the house of her sister due to neglect on the part of the revisionist. In view of income of the husband/revisionist and his liability to maintain himself and three minor children, the amount of maintenance in favour of wife is hereby modified to the extent of Rs. 4000/- per month from the date of application to the date of order and R.6000/- per month from the date of order as agreed by the learned counsel for the parties. Accordingly, the present revision is disposed of at the admission stage with modification of amount of maintenance that is Rs. 4000/- per month from the date of application to the date of order and from the date of order Rs. 6000/- per month payable month to month So far as the amount of arrears of maintenance from the date of application to the date of order is concerned, it may be divided into equal 18 monthly installments, those will be paid with current amount of maintenance month to month. September 12, 2025 Anurag Singh CRLR No. 699 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad