Neutral Citation No. - 2025:AHC:72601 Court No. - 79 Case :- CRIMINAL REVISION No. - 1719 of 2024 Revisionist :- Moti Lal Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Jitendra Singh Counsel for Opposite Party :- G.A.,Sanjai Kumar Pandey Hon'ble Subhash Chandra Sharma,J. Rejoinder affidavit filed today in Court by learned counsel for the revisionist is taken on record. Heard learned counsel for the revisionist, learned counsel for the opposite party as well as learned A.G.A. for the State and perused the material on record. The present criminal revision has been filed with a prayer to allow the revision and set aside the order dated 22.01.2024 passed by the learned Principal Judge, Family Court, Siddharth Nagar in Misc. Criminal Case no. 473 of 2017 (CNR No. UPSD020008902017) (Smt. Shakuntala @ Mantola and another Vs. Moti Lal) under Section 125 Cr.P.C., Police Station Pathara Bazar, District Siddharth Nagar and directed to the revisionist to pay a sum of Rs. 2500/- to the opposite party no. 2 from the date of application till 22.01.2024 and from date 23.01.2024 to pay a sum of Rs. 3000/- per month to the opposite party no. 2 in first week of each month. It is submitted by learned counsel for the revisionist that in this case the revisionist is husband of opposite party no. 2 and father of opposite party no. 3. It is further submitted that opposite party no. 2 is living separate from him without any reasonable excuse. Opposite party no. 3 is minor son and is living with the revisionist. The revisionist never subjected her to harassment and never made any demand of dowry. He works as Shiksha Mitra and gets Rs. 10,000/- per month as fixed pay, out of which learned trial court has fixed the amount of Rs. 3,000/- per month as maintenance from the date of order and Rs. 2,500/- per month as maintenance from the date of application to the date of order. There is no any other income of the revisionist and only Rs. 7,000/- are left with the revisionist out of which he is to maintain himself, his two minor sons and his old mother. The amount of Rs. 7,000/- is not sufficient for their maintenance. On the other hand, the opposite party no. 2 also works and makes income and is able to maintain herself, therefore, request to reduce the amount and set aside the order passed by the learned trial court dated 22.01.2024. Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and contended that in this case the revisionist works as Shiksha Mitra and gets Rs. 10,000/- per month. Rs. 3,000/- per month in favour of wife as maintenance is not more than sufficient but he could not dispute the liability of the revisionist to maintain himself, two minor sons and also his old mother. On considering the facts and circumstances of the case, submissions made by learned counsel for both the parties as well as learned A.G.A., perusal of material on record, the order passed by the learned trial court dated 22.01.2024, the income of the revisionist being Rs. 10,000/- per month, no any other source of income, his liabilities to maintain himself, his two minor sons and also his old mother, the amount of maintenance Rs. 3,000/- per month in favour of wife is reduced to the extent of Rs. 2,500/- per month from the date of application. Accordingly, this criminal revision is partly allowed with modification to the extent of amount of maintenance of Rs. 2,500/- per month from Rs. 3,000/- per month from the date of application and shall be subject to adjustment in any amount being received by the opposite party no. 2/wife as interim maintenance/maintenance in the present case or in any other case. Order Date :- 6.5.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad