Neutral Citation No. - 2025:AHC:114247 Court No. - 84 Case :- CRIMINAL REVISION No. - 2236 of 2025 Revisionist :- Pradeep Kumar Tiwari Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Amit Kumar Tiwari 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. This Crl. Revision has been filed by the revisionists with a prayer to set aside the order dated 18.3.2025 passed by learned Principal Judge, Family Court, Ballia in Case No.498 of 2020 (Navneeta Tiwari and another Vs. Pradeep Kumar Tiwari), under section 125 Cr.P.C, Police Station Pakadi, District Ballia. It is submitted by the learned counsel for the revisionist that in this case the the opposite party Nos.2 and 3 are wife and minor daughter of the revisionist. He further submits that the marriage was performed in the year 2017. From the very out set she was not satisfied with the revisionist that was the reason she went to her Mayaka in the year 2019 and started living separate without any sufficient reason and she filed an application under section 125 Cr.P.C which was allowed by the learned trial court by order dated 18.3.2025 fixing amount of maintenance in favour of wife Rs.8000/- per month and in favour of minor daughter Rs.2000/- per month, total Rs.10,000/- per month. He further submits that a case under section 13 Hindu Marriage Act was filed by him against the opposite party No.2 in which under section 24 Hindu Marriage Act Rs.5,000/- per month was fixed as interim maintenance in favour of wife which he paid regularly. Later on the case under section 13 Hindu Marriage Act was dismissed against which he has filed appeal that is pending before this Court. He further submits that the wife/opposite party No.2 is B.Sc B.T.C and able to make income by teaching tuition and coaching classes, even though the learned trial court has fixed the amount of maintenance in her favour. On the other hand the revisionist is teacher in Utkramit Madhya Vidyalaya, Balichhapar Sindhawaliya, Distict Gopalganj (Bihar) and gets Rs.26,000/- per month as salary out of which Rs.10,000/-are deducted for Life Insurance Policy and accommodation. He also spend money on the treatment of his mother. The amount of maintenance fixed by the learned trial court is excessive and beyond paying capacity of the revisionist, therefore, request to reduce the amount. He also submits that the learned trial court while passing the order in question on 18.3.2025 has not directed to make adjustment in the amount of maintenance paid by him in other cases. Though as per settled law the amount of maintenance already received by the wife shall be subject to adjustment. In this way, the learned trial court committed illegality, therefore, the order passed by learned trial court dated 18.3.2025 is liable to be set aside. Learned A.G.A opposed the prayer as aforesaid. 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 passed by the learned trial court dated 18.3.2025, it appears that the opposite party Nos.2 and 3 are wife and minor daughter of the revisionist who is living apart from him due to neglect on his part. In petition under section 13 for divorce filed by the revisionist, under section 24 Hindu Marriage Act interim maintenance was granted in favour of wife which was paid by him as stated. The revisionist being husband and father is under legal obligation to maintain them since they are not able to maintain themselves. The wife being qualified having B.Sc/B.T.C degree cannot be said to be making income. There is nothing on record to show that she earns money by giving coaching classes and tuition. In this way the revisionist being husband and father cannot be absolved from his liability to maintain them. The amount as fixed by learned trial court in favour of wife and minor daughter cannot be said to be excessive or more than sufficient. In this regard it requires no interference by this Court. So far as the adjustment of the amount of maintenance already received by the wife is concerned, this amount will be subject to adjustment in the present amount as per observation in the case of Rajnesh Vs. Neha (2021) 2 SCC 324, the smaller amount will be adjusted in the larger amount, therefore, the amount already received by the wife as maintenance /interim maintenance in the present case or in any other case shall be subject to adjustment in the amount of present case. For easy payment of arrears of maintenance it shall be divided into 15 equal instalments to be paid by the revisionist with the current amount of maintenance per month. Accordingly, this revision is disposed of finally. Order Date :- 15.7.2025 G.S Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad