Neutral Citation No. - 2025:AHC:62260 Court No. - 79 Case :- CRIMINAL REVISION No. - 805 of 2024 Revisionist :- Sagar Chaudhary Opposite Party :- State Of Up And 2 Others Counsel for Revisionist :- Deepak Kumar Yadav 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 by the revisionist with prayer to set aside the impugned judgment and order dated 20.01.2024 passed by the learned Additional Principal Judge, Family Court, Court No. 3, Bulandshahar in Case No. 1561 of 2021, under Section 125 Cr.P.C., Police Station Khurja Nagar, District Bulandshahar. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife of the revisionist and opposite party no. 3 is minor son. The revisionist entered into marriage with opposite party no. 2 in the year 2013 and they lived as husband & wife. The opposite party no. 3 was born from the wedlock. She was making pressure on the revisionist to live with her separate from the family which was not possible for the revisionist as there are old parents in the family and he works as police constable. This was the reason, she started living separate. Further submitted that there was no any neglect or misbehavior on the part of the revisionist with the opposite party no. 2 but she filed an application for maintenance which was allowed by the learned trial court by fixing the amount maintenance Rs. 10,000/- in favour of wife and Rs. 5000/- in favour of minor child. He gets total income Rs. 40,000/- per month out of which he is also to maintain his old parents and other members of his family and also makes payment of dues of loan. The amount so fixed by the learned trial court is in excess, therefore, request to reduce the amount and it be directed to be paid from the date of order on the place of date of application. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties as well as learned A.G.A. perusal of record and the order passed by learned trial court, it appears that in this case, the opposite party nos. 2 and 3 are wedded wife and minor son of the revisionist. The wife is living separate from the husband due to his neglect. He did not pay any money either to the wife or to the minor son who is aged about 8 years. A divorce petition has also been filed by the revisionist against opposite party no. 2 that is still pending. All these factors show that she is living separate from the husband due to his neglect. The revisionist is under legal obligation to maintain his wife and minor son, if he is able bodied person and the wife is unable to maintain herself. Though she has been said to be highly qualified but material on record shows that she is making no any income to maintain herself and minor son. In this way, the revisionist is liable to maintain his wife and minor son. In compliance of case of Rajnesh Versus Neha and Another (2021) 2 Supreme Court Cases 324, he has filed an affidavit showing his monthly income Rs. 40,000/- and Rs. 2,50,000/- from agricultural land. In this way, the amount fixed in favour of wife Rs. 10,000/- per month is not more than 25% of net salary of the revisionist, therefore, it cannot be said to be in excess. Likewise Rs. 5000/- in favour of minor son cannot be said to be excessive. In this way, there appears no any illegality or impropriety in the order passed by learned trial court vide order dated 20.01.2024 by allowing the amount of maintenance from the date of application. There is no any other ground to fix the amount from the date of order on the place of date of application. In this way, this criminal revision being devoid of merit is liable to be dismissed. Accordingly, the present revision is dismissed at the admission stage. Order Date :- 24.4.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad