Neutral Citation No. - 2025:AHC:68372 Court No. - 79 Case :- CRIMINAL REVISION No. - 1835 of 2024 Revisionist :- Rajveer Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Jay Singh Yadav,Nagendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard Sri Nagendra Kumar Singh, learned counsel for the revisionist as well as learned A.G.A. and perused the record. This criminal revision has been filed by the revisionist with prayer to set aside the order dated 19.03.2024 passed by the learned Principal Judge, Family Court, Pilibhit in Maintenance Case No. 1229 of 2020 (Sunita Devi and another Vs. Rajveer), under Section 125 Cr.P.C., Police Station Jahanabad, District Pilibhit. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife and opposite party no. 3 is minor daughter of the revisionist. He never neglected the wife and minor daughter to maintain them but without any reasonable excuse she is living separate from the revisionist in her maika from the year 2020. Further submitted that the revisionist is labourer and earns about Rs. 4000/- per month but the learned trial court without considering his paying capacity, awarded maintenance Rs. 7000/- per month in favour of wife and Rs. 2000/- in favour of minor daughter, which is excessive, therefore, request to reduce the amount of maintenance and set aside the order passed by the learned trial court dated 19.03.2024. Learned A.G.A. opposed the prayer as aforesaid and contended that in this case, the revisionist is Pashumitra and also making practice and earns about Rs. 40,000/- per month. For depriving the wife and minor daughter from the maintenance, he said himself to be a labourer. Further contended that there was 8-10 bigha agriculture land in the name of his father but now he has died and the agricultural land has also been inherited by the revisionist also. From the year 2020, he has paid nothing to the wife as maintenance but neglected her to maintain. Regarding second marriage, a case has also been registered against the revisionist in which he has got himself bailed out as admitted by himself during the course of trial before the learned trial court. This also shows that the revisionist neglected the opposite party nos. 2 and 3. The amount of maintenance Rs. 7000/- to the wife and Rs. 2000/- to minor daughter cannot be said to be excessive and beyond his capacity but this revision being devoid of merit is liable to be dismissed. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A. perusal of record and order passed by learned trial court, it appears that the opposite party nos. 2 and 3 are wedded wife and minor daughter of the revisionist and due to neglect, she is living apart from the revisionist and from the year 2020 he is not making any payment to the wife and minor daughter. He is able bodied person, said to be Pashumitra and agricultural land has also been said to be inherited from his father. Once opposite party no. 2 went with the revisionist after compromise and lived with him for a period of two months, thereafter he again expelled her from the house and she came to maika. The wife is not able to maintain herself and her daughter, therefore, revisionist is under legal obligation to maintain his wife and daughter. The amount Rs. 7000/- per month in favour of wife and Rs. 2000/- in favour of daughter cannot be said to be excessive and also beyond paying capacity of the revisionist. In this way, there appears no any illegality or impropriety in the order passed by learned trial court and it does not warrant interference by this Court. So far as the amount of arrears of maintenance from the date of application to the date of order is concerned, it may be paid by the revisionist in 18 equal installments with current amount of maintenance month to month. Accordingly, the present revision is disposed of at the admission stage. Order Date :- 1.5.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad