HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 2453 of 2025 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the revisionist, learned counsel for the opposite party no.2 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 20.03.2025 passed by the learned Additional Principal Judge, Family Court No. 1, Muzaffar Nagar in Criminal Misc. Case No. 472/11 of 2023 (Smt. Deepshikha and others Vs. Nishant Rathi), under Section 125 Cr.P.C., Police Station Shahpur, District Muzaffar Nagar. It is submitted by learned counsel for the revisionist that in this case, the marriage between the parties was performed in the year 2017 and out of wedlock the opposite party no. 3/minor son was born. Since 2023 opposite party no. 2/wife is living apart from him without any sufficient cause. The behavior of the wife was cruel towards the husband and other members of his family even though she filed an application under Section 125 Cr.P.C. with an application for interim maintenance and also filed other cases with false allegations. The learned trial court has allowed the application for interim maintenance vide order dated 20.03.2025 fixing the amount of maintenance Rs. 6000/- per month in favour of wife and Rs. 2000/- per month in favour of minor son, total Rs. 8000/- per month. There is no any regular source of income but from agricultural land, he makes some earning out of which he is to maintain himself and other members of his family and he also took loan on KCC and Society Card. This amount is beyond paying capacity of the revisionist, therefore, request to set aside the order passed by learned trial court and to reduce the amount. Versus Counsel for Revisionist(s) : Prashant Singh, Raj Deo Singh Counsel for Opposite Party(s) : G.A., Ghan Shyam Nishant Rathi .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s) Learned counsel for opposite party no. 2 as well as learned A.G.A. opposed the prayer as aforesaid and contended that the amount as fixed by the learned trial court cannot be said to be excessive or more than sufficient. Since the wife/opposite party no. 2 has no any regular source of income and she is not able to maintain herself. She is living apart from him due to his neglect and misbehavior and other members of his family. On considering the facts and circumstances of the case, submissions made by learned counsel for both the parties as well as learned A.G.A, perusal of record and order passed by learned trial court, it appears that in view of financial condition of the revisionist that is apparent from the record, the amount of maintenance Rs. 6000/- per month fixed in favour of wife/ the opposite party no. 2 is liable to be reduced to Rs. 4000/- per month. Accordingly, the present revisionist is partly allowed. The amount of maintenance is reduced to Rs. 4000/- per month from Rs. 6000/- per month in favour of wife/ the opposite party no. 2 from the date of application and the amount fixed in favour of minor son/opposite party no. 3 that is Rs. 2000/- per month shall remain the same. September 22, 2025 Anurag Singh CRLR No. 2453 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad