Court No. - 79 Case :- CRIMINAL REVISION No. - 96 of 2025 Revisionist :- Amichand Singh Opposite Party :- State Of U.P. And 4 Others Counsel for Revisionist :- Sandeep Kumar Srivastava 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. The present criminal revision has been moved with prayer to set aside the judgment and order dated 05.10.2024 passed by Principal Judge, Family Court, J.P. Nagar (Amroha) in Criminal Case No.927/2022 under Section 125 Cr.P.C., Police Station Hashanpur, District J.P. Nagar (Amroha) (Smt. Chhaya & others vs. Amichand Singh). It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is wife and opposite party nos.3, 4 & 5 are minor children of the revisionist. Further submitted that opposite party no.2 was wedded in the year 2015 and three children/opposite party nos.3 to 5 were born from the wedlock. He also submits that the opposite party no.2 was never subjected to any demand of dowry or cruelty by the revisionist but he always tried to keep her happy. She used to abuse and ill-treat the revisionist and went to live in her maika without any sufficient cause and moved an application u/s 125 Cr.P.C. for maintenance to her and minor children those are living with her though he is ready to keep his wife and children with him. He also submits that the revisionist has bequeathed his property in favour of minor children even though the learned trial court has fixed amount of maintenance Rs.4000/- per month in favour of wife and Rs.2000/- per month for each child, total Rs.10,000/- per month which is excessive and beyond the paying capacity of the revisionist since he has not any established income, therefore, request to reduce the amount and divide the arrears of amount of maintenance into easy installments. 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, it appears that the opposite party no.2 is living apart from the revisionist/husband alongwith three minor children in her maika as a result of neglect on his part. She has made allegations that the revisionist used to beat and expelled her with three minor children from her matrimonial house and since then she is living in her maika but the revisionist has not paid any amount for their maintenance. So far as the submission of learned counsel for the revisionist is concerned, that he has bequeathed the immovable property in favour of his minor children cannot be said to be sufficient to maintain them. The revisionist uses that property/plots of land for the purposes of parking in Ghaziabad and also works as bike mechanic and makes earning. On the other hand, being husband of opposite party no.2 and father of opposite party nos.3 to 5 he is under legal obligation to maintain them. The amount of maintenance Rs. 4000/- per month in favour of wife and Rs.2000/- per month for each child cannot be said to be more than sufficient or enabling the opposite parties to live lavishly. By reducing the amount so fixed by the learned trial court will be to compel the opposite parties to live in destitution. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court dated 05.10.2024 and it does not warrant any interference by this Court. So far as the amount of arrears of maintenance from the date of application to the date of order is concerned, it may be divided into 18 equal installments to be payable with the current amount of maintenance. Accordingly, this criminal revision is disposed of at the admission stage itself. Order Date :- 20.5.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad