Neutral Citation No. - 2025:AHC:114672 Court No. - 84 Case :- CRIMINAL REVISION No. - 766 of 2025 Revisionist :- Hariram Niranjan Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Deepanshu Dhuriya,Dileep Chandra Mishra 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 impugned judgment and order dated 19.11.2024 passed by learned Additional Principal Judge, Family Court, Jalaun at Orai in Criminal Misc. Case No. 323 of 2022 (Smt. Madhurlata Vs. Hariram Niranjan) and further prays to stay the further proceeding of the aforesaid case 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, living separate from him from the year 1993. She filed an application under section 125 Cr.P.C. which was decided by the learned trial court by order dated 11.02.2002 fixing the amount of maintenance Rs. 3,000/- per month. That amount is already being paid to the opposite party. She filed an application under Section 127 Cr.P.C. for enhancement of the amount of maintenance which was allowed by the learned trial court by order dated 19.11.2024 enhancing the amount to the extent of Rs. 5,000/- per month that is beyond his paying capacity since he is also old and aged about 62 years and have no any regular income, therefore, request to reduce the amount to the extent of Rs. 3,000/- per month as already fixed by the learned trial court. 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, it appears that opposite party no. 2 has also become aged about 60 years and the amount of maintenance as fixed on 08.07.2015 that was Rs. 3,000/- per month and now after lapse of seven years in the year 2022, the increase in dearness and expenses of wife is natural. The learned trial court has enhanced the amount Rs. 5,000/- on the place of Rs. 3,000/- per month from the date of application under Section 127 Cr.P.C. that cannot be said to be excessive or more than sufficient to the wife. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court and does not warrant any interference by this Court. So far as the recovery of amount of arrears of maintenance is concerned, that is from the date of application to the date of order it will be just and proper to divide the amount of arrears of maintenance into 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 :- 16.7.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad