Neutral Citation No. - 2025:AHC:79406 Court No. - 79 Case :- CRIMINAL REVISION No. - 1337 of 2025 Revisionist :- Ganesh Tiwari Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Rohit Dwivedi,Tosh Kumar Sharma 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 a prayer to allow the present revision and set aside the judgment and order dated 20.02.2025 passed by the learned Principal Judge, Family Court, Mathura, in Maintenance Case No. 1213 of 2022 (Smt. Geeta Vyas and Another Vs. Ganesh Tiwari) under Section 125 Cr.P.C., Police Station Baldev, District Mathura. It is submitted by learned counsel for the revisionist that in this case the opposite party nos. 2 and 3 are wife and minor child of revisionist. It is further submitted that the wife is living separate from the revisionist without any sufficient cause. He further submits that he was working as software engineer prior to the dispute with the wife but now he has resigned from his work place and at present working as computer operator in Krishna Coaching Centre and makes earning Rs. 8,000/- out of which Rs. 5,000/- in favour of wife and Rs. 3,000/- in favour of minor child total Rs. 8,000/- per month which is excessive and is beyond paying capacity of the revisionist. These facts were not taken into consideration by the learned Trial Court, while passing the order dated 20.02.2025, therefore, request to set aside the order passed by the learned trial court and reduce the amount and also divide the amount of arrears of maintenance in easy installments. Learned A.G.A. opposed the prayer as aforesaid. On considering the facts and circumstances, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, the order passed by the learned trial court, it appears that due to neglect on the part of revisionist the opposite party no. 2 is living apart from him with her minor child. She has no any source of income to maintain herself and her son. The marriage was performed in the year 2017 and she is living in her Maika from the year 2022. Since then the revisionist has not provided any money either to the wife or to the minor child for their maintenance. It also appears that when the revisionist was working at Gurgaon the opposite party no. 2 was also living there with him but due to misbehavior on his part she started living in her Maika. The revisionist has stated that the opposite party no. 2 has completed BTC and also knows the work of sewing and embroidery and also runs a beauty parlor and earns Rs. 30,000/- - 35,000/- per month but there is nothing on record to support the statement of the revisionist in relation to the income of the wife. The child is studying in Saraswati Shishu Mandir Baldev and Rs. 1,700/- per month are incurred as his monthly fees. The receipt of which has also been filed on record. In this way Rs. 5,000/- per month for maintenance of wife and Rs. 3,000/- per month for maintenance of child can not be said to be excessive or more than sufficient. Since the revisionist has already worked as software engineer and is also able bodied person, therefore he can not back himself from his legal obligation to maintain his wife and minor child. There appears no illegality or impropriety in the order passed by the learned Trial Court and also in fixing the amount of maintenance, therefore, it does not warrant interference by this Court. So far as the amount of arrears of maintenance from the date of application to the date of order are concerned, it shall be paid by the revisionist in twelve equal installments with the current amount of maintenance payable month to month. Accordingly, this criminal revision is disposed of finally at the admission stage itself. Order Date :- 14.5.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad