Neutral Citation No. - 2025:AHC:56900 Court No. - 79 Case :- CRIMINAL REVISION No. - 1801 of 2025 Revisionist :- Kishan Sati Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Sayyed Kashif Abbas Rizvi 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. and perused the material on record. This criminal revision has been filed with a prayer to allow the revision and quash the impugned judgment and order dated 07.03.2025 passed by learned Principal Judge, Family Court, Moradabad in Case No. 937 of 2021 (Smt. Mamta & Anr. Vs. State of U.P.) under Section 125 Cr.P.C., Police Station Civil Lines, District Moradabad and also pray to stay the arrear amounting Rs. 3,60,000/- of 40 months at Rs. 9,000/- per month and furthermore pray to stay the effect and operation of the aforesaid order. It is submitted by learned counsel for the revisionist that in this case opposite party nos. 2 and 3 are wife and minor son of the revisionist. It is further submitted that the wife is living separate from the husband without any reasonable excuse with the minor child. She is capable of making income to maintain herself and her son. She also operates a workshop of making paper box at her home with her brother and earns Rs. 25,000/- per month and also takes tution by which she earns Rs. 5,000/- per month i.e. total earning Rs. 30,000/- per month, therefore, she is not entitled for maintenance from the husband. On the other hand, the revisionist works as security guard in a private factory and gets a salary amounting to Rs. 11,500/- per month and in addition to this there is income from the rent of houses at the rate of Rs. 4,500/- per month. The learned trial court without considering the income of the revisionist fixed the amount of maintenance Rs. 6,000/- per month to wife and Rs. 3,000/- per month to the minor child which is excessive and beyond the paying capacity of the revisionist, therefore, request to reduce the amount of maintenance and to modify the order for payment of amount of maintenance from the date of order on the place of date of application and also to divide the amount of arrears into easy installments in view of convenience of payment for both the parties. Learned A.G.A. opposed the prayer as aforesaid. On considering the facts and circumstances of the case, 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 the revisionist is husband of opposite party no. 2 and father of opposite party no. 3 who is minor and living with his mother. Due to neglect on the part of the revisionist she is living apart from the husband with minor child. The revisionist has admitted in his cross examination before the learned trial court that since the year 2018 he provided expenses to his wife but from the time of lock down he gave no money to her. Even during the course of litigation he neither paid any amount to wife nor to the child, this also shows neglect on the part of revisionist in maintaining his wife and minor child. There is nothing on record to show that wife is capable of earning for livelihood and able to maintain herself and her minor child, therefore, it is legal duty of the husband/revisionist to maintain his wife and minor child. So far as the capacity of husband is concerned, he works as security guard in private company and gets Rs. 11,500/- per month. In addition to that he also makes income from the rent of house at the rate of Rs. 4,500/- per month. The amount Rs. 6,000/- per month for the wife and Rs. 3,000/- per month to the minor child as maintenance cannot be said to be excessive and beyond the paying capacity of the revisionist. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court dated 07.03.2025, as a result, it does not warrant any interference by this Court. So far as the recovery of arrears of the amount of maintenance is concerned, i.e. from the date of application to the date of order it will be just and proper to divide the amount of arrears of maintenance into twenty four equal installments those are to be paid month to month with the current amount of maintenance. Accordingly, this criminal revision is disposed of finally. Order Date :- 17.4.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad