Neutral Citation No. - 2025:AHC:86802 Court No. - 79 Case :- CRIMINAL REVISION No. - 2148 of 2024 Revisionist :- Sanjeev Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Prashant Singh,Raj Deo Singh,Samta Singh Kushwaha Counsel for Opposite Party :- G.A.,Rajesh Kumar Kanojia Hon'ble Subhash Chandra Sharma,J. Rejoinder affidavit filed today is taken on record. Heard learned counsel for the revisionist, learned counsel for opposite party No.2 as well as learned A.G.A for the State and perused the record. This criminal revision has been filed by the revisionist with a prayer to allow the present revision and set aside the order dated 6.3.2024 passed by learned Additional Principal Judge, Family Court, Court No.2, Bareilly in Case No.350 of 2017 ( Rajni Gandha Vs. Sanjeev Kumar), under section 125 Cr.P.C. It is submitted by the learned counsel for the revisionist that in this case the opposite party No.2 is wife and opposite party Nos.3 and 4 are minor daughters of the revisionist. He further submits that the opposite party No.2 along with her minor daughters are living apart from him without any sufficient reason. An application under section 125 Cr.P.C was filed by the opposite party No.2 in the year 2011 which was decided by the learned trial court in the year 2012. Later on, an application under section 127 Cr.P.C was moved in the year 2017 for enhancement of the amount of maintenance on the ground of change in circumstances. Now the revisionist is a retired army personnel and gets pension Rs.40691/-per month out of which there is deduction of Rs.13935/- and net amount payable Rs.26756/- per month as per pension slip of December, 2023. The learned trial court has enhanced the amount of maintenance in favour of wife Rs.5000/- per month from the date of application to the date of order and Rs.3500/- per month for each daughters from the date of application to the date of order. From the date of order the amount of maintenance Rs.8000/- per month was fixed in favour of wife and Rs.4500/- per month for each daughters, total Rs.17000/- per month has been fixed that is in excess and beyond paying capacity of the revisionist. The learned trial court has not considered the liabilities of the revisionist to maintain himself and also has old parents, therefore, request to reduce the amount of maintenance fixed by the learned trial court from the date of order. The leaned counsel for opposite party No.2 as well as learned A.G.A for the State opposed the aforesaid prayer and contended that at the time of retirement, the revisionist got retiral benefits including the amount of provident fund and amount of commutation of pension. There is also agricultural land from which he makes income. The minor daughters are aged about 14- 15 years. They are being looked-after by the opposite party No.2 herself. Rs.4500/- per month for each daughter is not sufficient for education and maintenance. Likewise the amount of maintenance Rs.8000/- in favour of wife cannot be said to be more than sufficient. In this way, the amount of enhanced maintenance cannot be said to be excessive and more than sufficient. On considering the facts and circumstances of the case, submissions made by learned counsel for both the parties, perusal of record and the order passed by the learned trial court, since the revisionist is a retired military personnel and gets pension as aforesaid, after deduction he get Rs.26756/-per month as per pension slip from December, 2023. After deduction of Rs.17000/- in total, in favour of wife and two minor daughters as maintenance, Rs.10,000/- will remain with him for his own maintenance and other expenses. In my considered opinion, the amount awarded in favour of opposite party No.2, wife is liable to be reduced to Rs.6000/- per month and the amount of maintenance in favour of two minor daughters shall remain the same. Accordingly, this revision is partly allowed and the amount of maintenance Rs.8000/- per month is reduced to Rs.6000/- per month in favour of wife from the date of application, while the amount of maintenance in favour of each minor daughter will remain same as per order passed by learned trial court. This amount of maintenance in favour of wife and two minor daughters will be payable from the date of application and the amount of arrears of maintenance shall be divided in six equal instalments with current amount of maintenance payable month to month. Order Date :- 21.5.2025 G.S Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad