Neutral Citation No. - 2025:AHC:75778 Court No. - 79 Case :- CRIMINAL REVISION No. - 2296 of 2024 Revisionist :- Rahul Kumar Opposite Party :- State Of Up And 2 Others Counsel for Revisionist :- Shashi Prakash Misra 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 filed with prayer to allow the revision and set aside the judgment/order dated 13.03.2024 passed by the learned court of Principal Judge, Family Court, Sant Kabir Nagar, in Criminal Case No.193/11/2020 (Smt. Suman and another vs. Rahul Kumar) under Section 125 Cr.P.C., Police Station Khalilabad, District Sant Kabir Nagar whereby learned trial court awarded maintenance to the opposite party no.2 namely Smt. Suman Rs.5000/- per month and opposite party no.3 namely Shivani (minor) Rs.2000/- per month from the date of filing application dated 15.10.2020 till the date of order dated 13.03.2024. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is wife and opposite party no.3 is minor daughter of the revisionist. Further submits that the marriage was performed in the year 2015 and from the wedlock one daughter Shivani was born. The allegation made by the wife that after birth of female child the revisionist and his parents started ill treating her is totally false. Neither his parents insulted her nor subjected to harassment. No any demand of dowry was made but she left the marital house herself without any sufficient cause and living in her maika. Further submitted that the opposite party no.2 is B.Ed. degree holder and is able to earn income and maintain her. On the other hand the revisionist is an unemployed person and has no any income even though the learned trial court has fixed the amount of maintenance Rs.5000/- in favour wife and Rs.2000/- per month in favour of minor child from the date of application. The allegation that he has married with some other lady is also totally false. He also submits that opposite party no.2 stated before the learned trial court that due to quarrel with her mother-in-law she is not ready to live with husband. In this way, learned trial court without considering the facts and material on record and the paying capacity of the husband passed the order in question which cannot be said to be lawful, therefore, request to set it aside and allow the revision. 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 learned trial court dated 13.03.2024, it appears that the opposite party no.2 was married to the revisionist in the year 2015 and in the year 2017 opposite party no.3(minor girl) was born. Thereafter, she was maltreated by the revisionist and his mother due to birth of female child and this was the reason she is living apart from the revisionist in her maika. She is B.Ed. degree holder but there is nothing on record to show that she is working either as a teacher or running coaching centre, therefore, it cannot be said that she is making income and is able to maintain herself alongwith her minor daughter. On the other hand, the revisionist is B.Tech. degree holder and able bodied person, therefore, he is under obligation to maintain his wife and minor child. The learned trial court after considering all the facts of the case has fixed the amount of Rs.5000/- per month in favour of wife and Rs.2000/- per month in favour of minor child. This amount cannot be said to be excessive or more than sufficient for maintenance of wife and minor child. There appears no any illegality or impropriety in the order dated 13.03.2024 passed by the learned trial court, therefore, it does not warrant any interference by this Court. Accordingly, this criminal revision is dismissed at the admission stage itself. Order Date :- 9.5.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad