Neutral Citation No. - 2025:AHC:54326 Court No. - 79 Case :- CRIMINAL REVISION No. - 828 of 2024 Revisionist :- Brajesh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Anil Kumar Counsel for Opposite Party :- G.A.,Pradeep Kumar Aditya 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 revisionists with prayer to set aside the order dated 30.01.2024 passed by the learned Principal Judge, Family Court, Hamirpur, in Criminal Appeal No. 86 of 2019 (Smt. Suman Vs. Brajesh), under Section 125 Cr.P.C. It is submitted by learned counsel for the revisionist that in this case, learned trial court has decided the amount of maintenance Rs. 2000/- from the date of application to the date of order and from the date of order Rs. 4000/- per month. There is no any certain income of the revisionist. He works as labourer and makes income about Rs. 12,000/- per month. Further submitted that the opposite party no. 2/wife works in a factory and also makes income and is capable of maintaining herself. She is living separate from her husband without any reasonable excuse. Even though the learned trial court has awarded the maintenance which is in excess. Learned counsel for the opposite party no. 2 as well as learned A.G.A. opposed the prayer as aforesaid and contended that the revisionist is husband of opposite party no.2 and able bodied person and is in a position to make income. He is under legal and moral obligation to maintain his wife who is not in a position to maintain herself. There is nothing on record to show that she also works in a factory or makes any income but she is wholly dependent on her husband/revisionist. The amount as decided by the learned trial court cannot be said to be in excess but it is very meager. The learned trial court considered all these facts and circumstances of the case, the status of the husband and wife and also their income then passed the order in question. If the husband is supposed to be working as labourer, he may earn Rs. 400/- per day and in a month it would make amount to Rs. 12000/- per month out of which Rs. 4000/- per month is not more or in proportionate. There is no any illegality or impropriety in the order passed by the learned trial court. On 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, the order passed by the learned trial court dated 30.01.2024, it appears that the opposite party no. 2 is wife of the revisionist and there is nothing on record to show she works in a factory except the averment made by the revisionist. On account of misbehaviour of the revisionist, she lives separate from the husband, therefore, it cannot be said that she lives separate without any reasonable excuse. So far as the revisionist is concerned, he is an able bodied person and makes income. He is under moral and legal obligation to maintain his wife who is unable to maintain herself. Admittedly the revisionist is labourer and makes earning of about Rs. 12,000/- per month @ Rs. 400/- per day out of which 25% amount may be given as maintenance to the wife as per law laid down by Hon'ble Apex Court in the case of Kalyan Dey Chowdhury Vs. Rita Dey Chowdhury Nee Nandy, 2017 LawSuit (SC) 424 In this way, the order passed by the learned trial court requires modification to the extent of determination of amount that may be 25% of total income of the revisionist i.e. Rs. 3000/- per month. This amount is payable to the wife on the part of the revisionist/husband from the date of application. Accordingly the amount of maintenance is modified to the extent of Rs. 3000/-. in the place of Rs. 2000/- and Rs. 4000/- and shall be paid in terms of order passed by learned trial court dated 30.01.2024. It is also directed that the revisionist will make payment of arrears of amount of maintenance from the date of application to the date of order in six equal installments with the current amount of maintenance. Accordingly, the present revisions is partly allowed. Order Date :- 15.4.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad