Neutral Citation No. - 2025:AHC:47302 Court No. - 79 Case :- CRIMINAL REVISION No. - 1386 of 2025 Revisionist :- Pramod Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Manoj Singh 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. The present revision has been file with prayer to admit and allow the instant criminal revision, call for the records of the case from the courts below and set aside the impugned judgment and order dated 03.02.2025 passed by Principal Judge, Family Court, Hapur in Criminal Misc. Case No.121 of 2022 (Smt. Babita Rani and another vs. Pramod Kumar) under Section 125 Cr.P.C., Police Station Hapur Nagar, District Hapur. It is submitted by learned counsel for the revisionist that in this case revisionist is husband of opposite party no.2 and father of opposite party no.3 who is a minor daughter. Further submitted that he is ready to keep his wife and daughter with him and in this regard he has already filed a petition u/s 9 Hindu Marriage Act which is still pending. An application u/s 125 Cr.P.C. was filed by the wife alongwith her daughter for maintenance which has been decided by the learned trial court by order dated 03.02.2025 and determined the amount of maintenance Rs.2000/- for wife and Rs.1000/- for the daughter from the date of application to the date of order and further Rs.4000/- for the wife and Rs.2000/- for the daughter from the date of order. It is further submitted that the revisionist has to maintain his parents also and he has not so much earning to make payment of amount of maintenance to his wife and daughter. He also submitted that there is salary slip of the revisionist showing Rs.7199/- for 15 days which becomes Rs.14,398/- in a month out of which Rs.6000/- are to be paid to the wife and daughter that is excessive and beyond capacity of the revisionist. Even though the learned trial court did not consider all these facts while passing the order as aforesaid and acted illegally, therefore, request to set aside the order passed by learned trial court 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 passed by the learned trial court in question, it appears that undoubtedly opposite party no.2 & 3 are married wife and daughter of the revisionist and they are living separately from him. The revisionist did not provide money to the wife and the child for expenses. Father of the revisionist was an employee in D.D.A. and after retirement he gets pension. Prior to the date of order in this application there was compromise between the parties even though the revisionist did not pay any amount to her wife as maintenance, it also shows that he neglected her for maintaining alongwith daughter. For grant of maintenance, pendency of petition u/s 9 Hindu Marriage Act and complaint u/s 12 The Protection of Women from Domestic Violence Act, 2005 cannot be a bar. Admittedly, the revisionist is an employee in Diwang Solar Company from where he gets more than Rs.14,000/- as salary. The learned trial court has granted Rs.2000/- per month to the wife and Rs.1000/- per month to the daughter from the date of application to the date of order and further Rs.4000/- & Rs.2000/- respectively from the date of order. This amount cannot be said to be excessive but it is insufficient to maintain the wife and the daughter though this Court is not inclined to increase the amount in view of income of the revisionist. The learned trial court has considered all these circumstances and material on record and then passed the order. There appears no any illegality or impropriety in the order passed by learned trial court dated 03.02.2025 but this revision being devoid of merit is liable to be dismissed at the admission stage. Accordingly, this criminal revision is dismissed. Order Date :- 4.4.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad