Neutral Citation No. - 2025:AHC:49266 Court No. - 79 Case :- CRIMINAL REVISION No. - 1553 of 2025 Revisionist :- Mohit Gupta Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Raja Ullah Khan 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 material on record. This criminal revision has been filed with prayer to quash/set aside the interim maintenance impugned order dated 15.01.2025 passed by Principle Judge, Family Court, Shahjahanpur in Case No.147 of 2023 (CNR No.UPSH020003262023) (Smt. Srishti Gupta and other vs. Mohit Gupta) under Section 125 Cr.P.C., Police Station Sadar Bazar, District Shahjahanpur pending in the court of Principal Judge, Family Court, Shahjahanpur. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is wife and opposite party no.3 is minor son of the revisionist. Admittedly, the revisionist is M.Sc., B.Ed. and Ph.D. in Botony and is a teacher in Thakur Roshan Singh Degree College, Khudaganj, Tehsil Tilhar, Shahjahanpur and earns monthly salary. Further submitted that opposite party no.2 is also B.Ed. degree holder and works as a teacher in Shaheed-a-Azam Nawab Nizam Ali Inter College, Shahbaj Nagar, Shahjahanpur and earns Rs.15,000/- per month as salary. Further submitted that she is living separately without any reasonable excuse, from her husband even though claiming for maintenance. She worked as evaluator in the examination in which she claimed herself to be a teacher in private school from the year 2021, it shows that she is also a teacher and earns money. All these facts were not taken into consideration by the learned trial court while passing the order in question allowing interim maintenance application and fixing the amount Rs.5000/- per month to the wife and Rs.2000/- per month to the child. In this way, the order passed by the learned trial court cannot be said to be lawful and appropriate, therefore, request to set it aside and allow the revision. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record and the order in question, it appears that opposite party no.2 is wedded wife of the revisionist and opposite party no.3 is his minor son from the wedlock. The revisionist is Ph.D. degree holder and works as a teacher in Thakur Roshan Singh Degree College, Khudaganj, Tehsil Tilhar, Shahjahanpur and gets Rs.60,000/- monthly salary. In support of his salary bank account statement has also been filed before the learned trial court which has been taken into consideration. The opposite party no.2 though received some money by evaluating the examination answer books in which she showed herself to be teacher in private school from the year 2021 but no monthly income has been shown by her and in the affidavit submitted before the learned trial court she has not admitted the fact that she gets monthly salary form any school. This fact could not be controverted by the revisionist before the learned trial court. In this way, it cannot be concluded that she is also getting salary by working as a teacher in college. The income of the revisionist appears to be about Rs.20,000 per month as shown in the statement of bank account. In view of the facts of the case and the qualification of both the parties and the amount of Rs.5000/- per month as maintenance to the wife cannot be said to be excessive and Rs.2000/- per month for a child can also not be said to be more than the daily need. This revision being devoid of merit is liable to be dismissed at the admission stage itself. Accordingly, this criminal revision is, hereby, dismissed. Order Date :- 7.4.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad