HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 1496 of 2024 Court No. - 91 HON'BLE MADAN PAL SINGH, J. 1. List has been revised. 2. None present for the revisionist. 3. Since none is present on behalf of the revisionist even in the revised call, the Court has left with no option but to decide the instant criminal revision with the assistance of learned counsel for the opposite party no.2 as well as learned AGA. 4. Heard Shri Shivesh Mishra, learned counsel for the opposite party no.2 and learned A.G.A. for the State-opposite party no.1. 5. The present criminal revision has been preferred with the prayer to set aside the judgment and order dated 23.02.2024 passed by the Additional Principal Judge, Family Court, Pilibhit in Maintenance Case No. 480 of 2019 (Smt. Rajda Vs. Shakil Khan) filed under Section 125 Cr.P.C Police Station- Bisalpur, District- Pilibhit, by which the revisionist has been directed to pay Rs.5,000/- per month as maintenance to the opposite party no.2 from the date of application. 6. Learned counsel for the opposite party no.2 states that the revisionist is running a Canteen and he is a potato broker and earns handsome amount, therefore, the amount awarded by the trial court cannot be said to be excessive keeping in view the inflation rate and cost of living. Learned counsel further submitted that it is admitted that the opposite party no.2 is the legally wedded wife of the revisionist and it is his pious duty to maintain Versus Counsel for Revisionist(s) : Kuldeep Johri Counsel for Opposite Party(s) : Ashok Kumar Mishra, G.A., Shivesh Mishra Shakil Khan .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) his wife and children, if any. Therefore, the order impugned passed by the trial court does not require interference by this Court. 7. On considering the facts and circumstances of the case, submissions made by learned counsel for the parties as well as learned A.G.A., perusal of record, it appears that it is admitted case that the opposite party no.2 is the legally wedded wife of the revisionist. The trial court while deciding the application under Section 125 Cr.P.C. of the opposite party no.2 has framed four issues and a categorical findings have been recorded on each issues. Therefore, this Court being the Revisional Court, cannot re-appreciate the evidence and also substitute its own finding in place of findings of fact recorded by the trial court on the issue in question unless the finding is completely perverse and against the facts and law. 8. So far as income of the revisionist is concerned, at page-8 in paragraph-28 of the judgment, the revisionist has admitted that he had taken the contract of Canteen in Krishi Utpadan Mandi Samiti, Bisalpur for Rs.91,000/-. He also admitted that vide notice dated 31.03.2017 issued by the Krishi Utpadan Mandi Samiti, Bisalpur, the said contract is in his name. 9. It has been observed by the Supreme Court that if the husband is an able bodied person, it is the legal and pious duty of the husband to maintain his wife. Since the revisionist admitted that he runs a canteen in Krishi Utpadan Mandi Samiti, Bisalpur. Generally in a canteen the owner can easily earn Rs.1000/- per day, which comes to Rs.30,000/- per month and after deductions of other expenses, it can be said that the revisionist can save Rs.25,000/- per month and as per the observations of the Supreme Court in the case of Rajnesh Versus Neha and Another (2021) 2 Supreme Court Cases 324; Kalyan Dey Chowdhury vs. Rita Dey Chowdhury Nee Nandy AIR 2017 Supreme Court 2383 and Kulbhushan Kumar Vs. Raj Kumari (1970) 3 SCC 129 the maintenance amount can be fixed to the extent of 25% of the net salary/income of the husband, which comes to Rs.6,250/- and the amount awarded by the trial court is already in lower side, hence the impugned order does not warrant interference by this Court. The revision lacks merit and deserves to be dismissed. 10. Accordingly, the instant criminal revision being bereft of merit is dismissed. 11. It has been apprised by the learned counsel for the opposite party no.2 that there is huge amount of arrears, which are to be paid by the revisionist, which cannot be paid in one stroke, therefore, it is divided in ten equal instalments. The first instalment shall fall due on November 15th, 2025. The CRLR No. 1496 of 2024 2 rest nine instalments will be paid on fifteenth of each calendar month. September 23, 2025 Prajapati RK CRLR No. 1496 of 2024 3 (Madan Pal Singh,J.) Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad