Neutral Citation No. - 2025:AHC:115519 Court No. - 84 Case :- CRIMINAL REVISION No. - 2280 of 2025 Revisionist :- Virendra Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sanjay Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record. The present criminal revision has been filed with a prayer to allow the revision and set aside the judgment and order dated 17.02.2025 passed by the learned Additional Principal Judge, Family Court, Kanpur Nagar in Maintenance Case No. 1553 of 2023 (Virendra Kumar Vs. Smt. Rambhawati Devi) under Section 126(2) Cr.P.C., Police Station Barra, District Kanpur Nagar. It is submitted by learned counsel for the revisionist that the opposite party no. 2 is wife of the revisionist who is living apart from him without any sufficient reason and filed an application under Section 125 Cr.P.C. in the year 2014 which was decided ex- parte vide order dated 13.4.2017 fixing the amount of maintenance Rs. 3000/- per month. He filed a revision against that order before this Court which was allowed with condition to deposit Rs. 40,000/- and then to move an application for recall of order dated 13.04.2017 as a result he deposited the amount of Rs. 40,000/- and moved an application for recall the order. That application was decided by the learned trial court vide order dated 17.02.2025 and ex-parte order dated 13.04.2017 was set aside and case was restored on its original number but from 13.04.2017 Rs. 1500/- per month has been directed to be paid to her by the husband as maintenance, therefore, arrears of amount as fixed by the learned trial court becomes more than Rs. 1,40,000/- that is beyond his paying capacity, therefore, request to reduce the amount and set aside the order passed by the learned trial court and allow the revision and also to divide the amount of arrears in easy installments. Learned A.G.A. opposed the prayer as aforesaid and contended that there is no illegality in the order passed by the learned trial court. The revisionist is not paying any money to the wife from the year 2014 and he avoided the proceedings of the case that was the reason order was passed ex-parte. Learned trial court has passed the order in question fixing the amount Rs. 1500/- to the wife from 13.4.2017. The amount so fixed by the learned trial cannot be said to be illegal or erroneous. On considering the submissions made by the learned counsel for the revisionist as well as learned A.G.A. perusal of record, order passed by the learned trial court dated 17.02.2025, there appears no any illegality or impropriety in passing the order but this revision being devoid of merit requires no interference by this Court. So far as the arrear of amount of maintenance is concerned, it may be paid by the revisionist to the opposite parties in 15 equal installments with current amount of maintenance. Accordingly, this criminal revision is disposed of. Order Date :- 17.7.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad