Neutral Citation No. - 2025:AHC:113188 Court No. - 84 Case :- CRIMINAL REVISION No. - 2217 of 2025 Revisionist :- Pravesh Kumar Alias Pravesh Kumar Mishra Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Rama Shanker Mishra 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. and perusal the material on record. This criminal revision has been filed by the revisionist with prayer to allow this revision and set aside the impugned judgment and order dated 05.03.2025 passed by the learned Additional Principal Judge, Family Court, Shahjahanpur in Criminal Misc. Case No. 294 of 2024 (Aporva Sharma and another Vs. Prevesh Kumar), under Section 125 Cr.P.C., Police Station Kotwali, District Shahjahanpur. 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 son of the revisionist. The opposite party no. 2 is living separate from him without any sufficient reason with minor child and filed an application under Section 125 Cr.P.C. for maintenance with an application for interim maintenance which was decided by the learned trial court vide order dated 5.3.2025 by which the claim of interim maintenance in favour of wife has been rejected and Rs. 4000/- per month has been granted as interim maintenance in favour of minor child. Further submitted that the revisionist works as Security Guard and gets salary Rs. 7000/- per month out of which Rs. 4000/- in favour of minor child is excessive and beyond his paying capacity, since he has other liabilities in relation to maintain his old parents, therefore, request to reduce the amount and set aside the order passed by the learned trial court and allow the revision. Learned A.G.A. opposed the prayer as aforesaid and contended that in this case, the revisionist is an able bodied person and is under legal obligation to maintain his wife and minor child. Decree of divorce has been passed between the revisionist and opposite party no. 2 by the competent court vide order dated 10.09.2024. The learned trial court has rejected her claim since she works as instructor in Basic Education Department and gets salary Rs. 9000/- per month. Rs. 4000/- per month in favour of minor son cannot be said to be more than sufficient. He has not given any penny from the very outset to the wife and minor child who is aged about 10 years and expenses of his maintenance and education are to be incurred by the wife but out of her income it is not possible since she is also to maintain herself, therefore, the amount of interim maintenance Rs. 4000/- in favour of minor child cannot be said to be excessive or more than sufficient. Considering the facts and circumstances of the case and 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 dated 5.3.2025 granting the amount of maintenance in favour of minor child Rs. 4000/- per month cannot be said to be excessive or more than sufficient as he is aged about 10 years and revisionist is under legal obligation to maintain his wife and minor child, if wife is not able to maintain herself. The learned trial court has rejected the claim of wife, since she earns Rs. 9000/- per month and granted the amount of interim maintenance in favour of minor child Rs. 4000/- per month. Thus, there appears no any illegality or impropriety in the order passed by learned trial court, therefore, it does not warrant interference by this Court but this revision being devoid of merit is liable to be dismissed at the admission stage. Accordingly, this criminal revision is dismissed at the admission stage itself. Order Date :- 15.7.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad