Neutral Citation No. - 2025:AHC:136333 Court No. - 84 Case :- CRIMINAL REVISION No. - 2080 of 2025 Revisionist :- Arif Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Ronak Chaturvedi Counsel for Opposite Party :- Atul Kumar,G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned counsel for the opposite party alongwith learned A.G.A. for the State and perused the material on record. This criminal revision has been filed with prayer to allow the revision and to set aside/quash the judgment and order dated 19.03.2025 passed by the learned Additional Family Judge, Family Court No.2, Muzaffarnagar in Case No.1491/2023 (Smt. Anjum vs. Arif) under Section 125 Cr.P.C., Police Station Kotwali Nagar, District Muzaffarnagar whereby the learned Family Court has allowed the application of the opposite party nos.2 to 4 under Section 125 Cr.P.C. and the revisionist has been directed to pay Rs.6000/- per month to the opposite party no.2 and Rs.1500/- each to opposite party no.3 & 4, thus in total he has been directed to pay Rs.9000/- per month towards maintenance from the date of application which is 20.10.2023. It is further prayed that the effect and operation of the judgment and order dated 19.03.2025. It is submitted by learned counsel for the revisionist that in this case the learned trial court has fixed the amount of maintenance Rs.6000/- per month in favour of wife and Rs.1500/- per month for each child from the date of application. He also submits that the opposite party no.2/wife is living apart from him without any sufficient reason with minor children. Even though the learned trial court has passed the order as aforesaid on 19.03.2025, therefore, request to set aside the order and reduce the amount as fixed by the learned trial court being disproportionate to the income of the husband who is unemployed and has no any regular income except Rs.8000/- per month by working as labourer. Learned counsel for the opposite party opposed the prayer as aforesaid and contended that the revisionist is able bodied person and is under legal obligation to maintain his wife and minor children those are living apart from him due to his neglect and misbehaviour. He also contends that till now he has not given a single penny for maintenance of wife and two minor children, it also shows neglect on his part in maintaining them, therefore, the amount so fixed by learned trial court cannot be said to be excessive though it is insufficient. Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties as well as learned A.G.A., perusal of record and the order passed by learned trial court dated 19.03.2025, it appears that due to neglect on the part of the husband/revisionist opposite party no.2 is living separate from him with two minor children and the revisionist has not given a single penny to them for their maintenance. He told himself to be labourer and earns Rs.8000/- per month since the revisionist is able bodied person and is under legal obligation to maintain his wife and minor children. In case he is said to be labourer he can earn Rs.400- 500/- per day which becomes Rs.12000/- to Rs.15,000/- per month. The total amount of maintenance as fixed by the learned trial court is Rs.9000/- per month. In view of the income of the revisionist and the amount of maintenance for wife and two minor children it appears just and proper to reduce the amount of maintenance in favour of wife to Rs.5000/- per month in place of Rs.6000/- per month. Thus the amount of maintenance Rs.6000/- per month in favour of wife is reduced to Rs.5000/- per month and the amount of maintenance in favour of minor children shall remain the same which shall be payable from the date of application. Accordingly, this criminal revision is partly allowed. Order Date :- 12.8.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad