HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4752 of 2023 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard Sri Pratik Chandra Amicus Curiae on behalf of the revisionists, learned counsel for the opposite party as well as learned A.G.A. for the State and perused the material on record. This criminal revision has been filed with a prayer to allow the revision and enhance the amount of award upto 20,000/- per month to the revisionist as claimed by the revisionist in Case No. 703 of 2018 (Smt. Suman Versus Chandrapal Chaturvedi) under Section 125 Cr.P.C., Police Station Highway, District Mathura. It is submitted by learned counsel for the revisionists that in this case the opposite party no. 2 is husband of revisionist no. 1 and father of revisionist no. 2. Due to neglect on the part of husband she is living part from him from the year 2018 though marriage between the parties was performed in the year 2016 and in the mean time the revisionist no. 2/minor daughter was born from the wedlock. She was subjected to torture and harassment in relation to demand of dowry and was also beaten by the opposite party no. 2 and was compelled to live separate from him and is living in her maika. She filed an application under Section 125 Cr.P.C. for maintenance which was decided by the learned trial court on 09.06.2023 fixing the amount of maintenance Rs. 3,000/- per month in favour of revisionist no. 1/the wife and Rs. 1,000/- per month in favour of revisionist no. 2/minor daughter. The amount so fixed by the learned trial court is very meager and insufficient for their maintenance. He also submits that the opposite party no. 2 is qualified in computer and makes earning about Rs. 50,000/- per month even though Versus Counsel for Revisionist(s) : Vipin Kumar Kushwaha, Pratik Chandra Counsel for Opposite Party(s) : Vijay Babu, G.A. Smt. Suman And Another .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) the learned trial court did not consider his income while fixing the amount. He also submits that for the purpose of making harassment of the revisionist, the opposite party no. 2 did not appear before the learned trial court even though the notices were served on him, as a result ex-parte order was passed. No any amount has been given by him for their maintenance, therefore, request to increase the amount. Learned counsel for the opposite party opposed the prayer as aforesaid and contended that in this case since the opposite party no. 2 is an unemployed person and has no any regular source of income. The revisionist is living separate from him without any sufficient cause but for making harassment of the opposite party no. 2 she has filed the present case. He is always ready to keep her as wife but she herself is not willing to live with her. On considering the facts and circumstances of the case, submissions made by learned counsel for both the parties as well as learned A.G.A., the order passed by the learned trial court dated 09.06.2023 and perusal of material on record, it appears that the revisionist no. 1 and 2 are wife and minor daughter of opposite party no. 2. They are living apart from him due to his neglect and no any amount for their maintenance is being given by the opposite party no. 2. The learned trial court has fixed the amount of maintenance Rs. 3,000/- per month in favour of wife and Rs. 1,000/- per month in favour of minor daughter that is meager and less than sufficient, therefore, it is liable to be increased. Since the revisionist is able bodied person and have been trained in computer and makes earning about Rs. 50,000/- per month as stated by the revisionist but being not supported with any material on record the income of the revisionist cannot be accepted as such. In case, it is assumed that the revisionist works as labourer even though he will earn Rs. 15,000/- per month at the rate of Rs. 500/- per day. Accordingly, this criminal revision is partly allowed and the amount of maintenance is increased to Rs. 4,000/- per month in favour of wife on the place of Rs. 3,000/- per month and also increased to Rs. 3,000/- per month in favour of minor daughter on the place of Rs. 1,000/- per month and this amount is payable from the date of application. September 23, 2025 Suraj Srivastav CRLR No. 4752 of 2023 2 (Subhash Chandra Sharma,J.) Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad