Neutral Citation No. - 2025:AHC:136384 Court No. - 84 Case :- CRIMINAL REVISION No. - 2364 of 2025 Revisionist :- Himanshu Khokhar Alias Monti Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Niraj Tripathi,Pooja Tripathi 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 material on record. This criminal revision has been filed with prayer to set aside the judgment and order dated 07.02.2025 passed by Additional Principal Judge, Family Court No.2, Muzaffarnagar in Case No.521/2021(Deceased Neeshu and another vs. Himanshu Khokhar @ Monti) under Section 125 Cr.P.C., Police Station Budhana, District Muzaffarnagar and also prays to stay the effect and operation of the order dated 07.02.2025. It is submitted by learned counsel for the revisionist that in this case the revisionist is father of opposite party no.2, the minor child who is living with his grandfather (nana) since his wife/mother of the child has died during the pendency of application u/s 125 Cr.P.C. He further submits that the learned trial court has fixed the amount of maintenance Rs.7000/- per month in favour of minor child which is excessive and beyond his paying capacity, therefore, request to reduce the amount so fixed by the learned trial court and the amount of arrears may be divided into installments for easy payment. Learned A.G.A. opposed the prayer as aforesaid and contended that in this case the revisionist has admitted in his cross- examination before the learned trial court that he owns 40 bighas of agricultural land and have tractor and trolley including other agricultural instruments. He clearly admitted that he can spend up to Rs.30,000/- per month on his child even though the learned trial court has fixed the amount of maintenance Rs.7000/- per month in favour of child, therefore, it cannot be said that amount so fixed by the learned trial court is excessive or disproportionate to the income of the revisionist. He also contends that due to neglect of the revisionist wife/mother of the child started living separate from him but he did not pay even a single penny either to the wife or to the minor child. Unfortunately, during the pendency of application u/s 125 Cr.P.C. the wife died and even today he is not ready to make payment of amount of maintenance to the minor child who is dependent on his grand-father (nana) who is an old person. The learned trial court has passed the order fixing the amount of maintenance Rs.7000/- per month in favour of minor child which is less than sufficient. There is no any illegality in the order in question 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 the order dated 07.02.2025, it appears that due to neglect the wife started living in her maika with minor child/opposite party no.2 but during the pendency of application u/s 125 Cr.P.C. she died and now the opposite party no.2/the minor is living with his nana. The revisionist has not given a single penny for the maintenance of the child. He clearly stated before the learned trial court in his cross-examination that he owns agricultural land measuring 40 bighas and have tractor, trolley and other agricultural instruments and is able to spend about Rs.30,000/- per month on his child. This shows that he is able bodied person and financially sound person and is able to make payment of amount so fixed by the learned trial court in favour of the child, therefore, there is no any illegality or impropriety in the order passed by the learned trial court and it does not require any interference by this Court. So far as the payment of amount of arrears of maintenance is concerned, it shall be paid into 12 equal installments payable with the current amount of maintenance regularly. Accordingly, this criminal revision is disposed of at the admission stage itself. Order Date :- 12.8.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad