Neutral Citation No. - 2025:AHC:34944 Court No. - 80 Case :- CRIMINAL REVISION No. - 4426 of 2023 Revisionist :- Ram Sanehi Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. As per office report, notice issued upon opposite party no.2 has been personally served but no one has appeared on her behalf. 2. Heard learned counsel for the revisionist and learned A.G.A. for the State. 3. Instant criminal revision has been preferred against the judgment and order dated 01.06.2023 passed by the Additional Principal Judge, Family Court No.2, Mau in Case No. 1091 of 2019, under Section 127 Cr.P.C., whereby the court enhanced the maintenance amount from Rs.1,000 per month to Rs. 3,000/- per month from the date of application 18.09.2019; amount of maintenance directed to be paid in Maintenance Case No.857 of 1991, under Section 125 Cr.P.C. by order dated 20.01.1995 and subsequently, enhanced by order dated 23.1.2012, under Section 127 Cr.P.C. has been further enhanced to Rs.3000/- per month which is payable to the opposite party no.2 till her remarriage. Arrear is directed to be paid in four equal monthly installment and first installment is payable in the month of July 2023. 4. Learned counsel for the revisionist submits that the opposite party no.2 had filed an application for maintenance under Section 125 Cr.P.C., registered as Maintenance Case No.857 of 1991 (Smt. Phulgeni Vs. Ram Sanehi) and the same was decided on 20.01.1995, wherein Rs. 300/- as maintenance was awarded to the opposite party no.2. Subsequently, an application under Section 127 Cr.P.C. was filed by the opposite party no.2, which was registered as Case No.12 of 2019 and same was allowed vide order dated 23.1.2012 and maintenance amount was enhanced from Rs, 300/- per month to Rs. 1000/- per month from the date of filing of an application under Section 127 Cr.P.C. dated 02.02.2019. He further submits that revisionist has been paying said amount of Rs.1000/- per month to the opposite party no.2 pursuant to the order dated 23.01.2012. However, opposite party no.2 had filed application under Section 127 Cr.P.C. again, which was registered as Case No.1091 of 2019, wherein she wrongly stated that income of the revisionist is Rs. 500 per day and he also earns some money from the agriculturist income, therefore, his annual income is Rs. 1 lac. This application was allowed by the learned court below by judgment and order dated 01.06.2023 and amount of maintenance has been awarded from the date of filing of an application dated 18.09.2019. He further submitted that the revisionist was retired from ad-hoc service of Homeguard on 27.09.2019 and he is not receiving any pensionary benefit. It is not possible for him to pay the amount as directed by the impugned order. The learned court below has not considered the fact that after retirement, the income of the revisionist has become less and he is not having any source of income, therefore, he is not in a position to pay maintenance to his wife i.e. from the date of the application dated 23.1.2012. It is further submitted that the revisionist obtained information under Right to Information Act from the office of Block Shiksha Officer, Pardaham Mau that opposite party no.2 is earning Rs. 1000/- per month while working as a cook in Rashtriya Harijan Sewa Sadan, Sarwan, Mau. She was appointed in July, 2011 and received Honorarium up to May, 2013. 5. Per contra, learned A.G.A. submits that the learned court below has observed that in the impugned order dated 23.01.2012 that the applicant is suffering from stone in the stomach and she had also claimed some money for medical expenses. 6. This is an admitted fact that the revisionist was posted for long period as a Home-guard and court below has observed in impugned order that his monthly salary was Rs. 16,000/- even if he has not been given any pension but he must have received some post retiral dues. Revisionist has shown that the opposite party no.2 was working as cook during period 2011-2023 as per information received under R.T.I. Act and was receiving an honororium Rs. 1000/- per month. It is not clear that she is still working as a cook in the said establishment. Moreover, Rs. 1000/- as monthly amount of income is highly insufficient in the present days, looking into the market condition for a person to meet essential necessity in the life. 7. Considering rival submissions made by learned counsel for the parties, evidence on record and other relevant material, I find no illegality or perversity in the order impugned. However, it is directed that the arrears of maintenance will be payable from the date of filing of application dated 18.09.2019 up to February, 2025 in four equal monthly installments and first installment will be payable on 28.03.2025. Remaining installment will be payable in each succeeding month. Apart from that, revisionist will continue to pay the enhanced maintenance amount from March, 2025 onwords regularly. With above modification, the impugned judgment and order is affirmed. 8. Accordingly, the instant criminal revision is disposed of. Order Date :- 10.3.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad