Neutral Citation No. - 2025:AHC:85067 Court No. - 79 Case :- CRIMINAL REVISION No. - 902 of 2025 Revisionist :- Kamal Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Vijai Kumar Tiwari 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 for the State and perused the record. This criminal revision has been filed by the revisionist with a prayer to set aside the order dated 10.12.2024 passed by Special Judge (SC/ST Act) Bareilly in Criminal Appeal No.42 of 2024 (Kamal Kumar Vs. State of U.P. and another) as well as interim maintenance order dated 27.3.2024 passed by Additional Civil Judge(JD) Second/Judicial Magistrate, Bareilly in Complaint Case No. 309/23/22 ( Smt. Preeti Kumar Vs. Kamal Kumar and others) under section 23 Domestic Violence Act. Learned counsel for the revisionist submits that in this case the opposite party No.2 is wife of the revisionist who is living apart from him without any sufficient reason and filed a complaint under section 12 of Protection of Women from Domestic Violence Act with an application for interim maintenance under section 23 of the Act which was decided by the learned trial court vide order dated 27.3.2024 fixing amount of Rs.10,000/- as interim maintenance against which an appeal was filed which was decided vide order dated 10.12.2024 reducing the amount of interim maintenance from Rs.10,000/- per month to Rs.7000/- per month. He further submits that the amount so fixed by the learned trial court is in excess and beyond paying capacity of the revisionist. The learned trial court has not considered the aforesaid factor but fixed the amount, therefore, request to set aside the order dated 10.12.2024 and to reduce the amount of interim maintenance and also to divide the arrears into easy instalments. Learned A.G.A has opposed the prayer as aforesaid. Considering the submissions made by learned counsel for the revisionist as well as learned A.G.A, perusal of record, it appears that in this case the opposite party No.2 is wife of the revisionist and living apart from him. She made allegations against the revisionist that she was being harassed by him and his family members that was the reason she went to Maika and living with her parents.The revisionist is well educated and able bodied person and is said to have completed GTI training and working as Manager in coaching. There is also seventy five bigha agricultural land, tractor, two scooters, one Car and other Car given in marriage. It shows that the revisionist is able bodied person having source to make income. In view of status of the revisionist and the opposite party No.2, Rs.7000/- per month as interim maintenance cannot be said to be excessive or more than sufficient. The learned appellate court has already reduced the amount from Rs.10,000/- to Rs.7000/- while keeping in view the financial condition of the revisionist.There appears no any illegality or impropriety in the order dated 10.12.2024 passed by learned trial court, therefore, it does not warrant any interference by this Court. So far as the amount of arrears of maintenance from the date of application to date of order is concerned, this amount may be divided into 12 equal instalments to be paid regularly at every month with current amount of maintenance. Accordingly, this revision is disposed of finally. Order Date :- 20.5.2025 G.S Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad