Neutral Citation No. - 2025:AHC:52745 Court No. - 79 Case :- CRIMINAL REVISION No. - 1665 of 2025 Revisionist :- Satyendra Kumar Lohiya Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Anil Kumar 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 set aside the judgment and order dated 16.01.2025 passed by learned Additional Principal Judge, Family Court, Court No. 2, Kanpur Nagar in Case No. 1048 of 2018 (Smt. Mamta and another Vs. Satyendra Kumar Lohiya) under Section 125 Cr.P.C., Police Station Govind Nagar, District Kanpur Nagar. It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 is wife of the revisionist and opposite party no. 3 is his minor son. It is further submitted that marriage was solemnized in the year 2012. Two children were born from the wedlock out of which one girl aged about five years is living with the father/revisionist and minor son of the opposite party no. 2, two and a half years old is living with the wife, opposite party no. 2. It is further submitted that the opposite party no. 2 left the house of the revisionist in the year 2018 and went to her Maika since then she is living there separately without any reasonable excuse. It is also submitted that the revisionist has filed a divorce petition before the learned court which is still pending and Rs. 2,000/- are being given by the revisionist in favour of wife in compliance of the order passed by the learned court. He further submits that the revisionist has no any regular income but he works as a salesman and makes supply of food items in the shops out of which he earns Rs. 7,000/- per month. Now, he is to maintain himself and his daughter with the income as aforesaid, therefore, he is not in a position to make the payment of amount of maintenance to the wife and to the minor son from the date of application. The learned trial court did also not consider the fact that in the year 2019, 2020 and 2021 there was a pandemic of Covid 19 and the revisionist could not make any income. It is also submitted that the learned trial court passed the order dated 16.01.2025 from the date of application for payment of amount of maintenance i.e. Rs. 5,000/- per month and directed to adjust the amount paid by him in other case. He also submits that the amount of arrears be directed to be paid in installments for easy payment which was not done by the learned trial court. In this way, the order passed by the learned trial court dated 16.01.2025 cannot be said to be lawful but being illegal is liable to be set aside and allow the revision. Learned A.G.A. has no objection in this regard. 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 dated 16.01.2025, admittedly opposite party no. 2 and the revisionist are husband and wife and opposite party no. 3 is their minor son. The revisionist is ready to make payment of amount of maintenance as allowed by the learned court to the opposite party no. 2 & opposite party no. 3 but he is incapable in making payment of arrears of amount. It also appears that the learned trial court has considered all the facts and circumstances of the case, the earning capacity of the revisionist and also the status of wife and passed the order in question while deciding the amount of maintenance of Rs. 5,000/- for both the opposite parties which cannot be said to be in excess and more than sufficient for the maintenance of wife and minor child. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court and the order dated 16.01.2025 does not warrant any interference by this Court. So far as the payment of arrears of maintenance from the date of application to the date of order is concerned, it is expedient and in the interest of both the parties to direct the revisionist to make payment in eighteen equal installments with the current amount of maintenance payable per month. Accordingly, this criminal revision is disposed of finally. Order Date :- 10.4.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad