Neutral Citation No. - 2025:AHC:132974 Court No. - 84 Case :- CRIMINAL REVISION No. - 2511 of 2025 Revisionist :- Sri Akhil Kumar Jain Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Balbeer Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. 1. Heard learned counsel for the revisionist as well as learned A.G.A. and perused the material on record. 2. This criminal revision has been filed with a prayer to allow the revision and set aside the judgment and order dated 28.03.2025 passed by learned Principal Judge, Family Court, Agra in Maintenance Case No. 856 of 2022 (Smt. Rinky Garg and another Versus Akhil Kumar Jain) under Section 125 Cr.P.C., P.S. Kamla Nagar, District Agra. 3. 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 daughter. Marriage was performed in the year 2018 and daughter was born in the year 2019. Thereafter, she started misbehaving with the revisionist and also other members of his family. When objection was raised, she left her matrimonial house and went to live in her Maika with her parents. It is also submitted that she makes false statement in regard to cruelty against the revisionist and other members of his family and also lodged false cases, this shows that she herself was misbehaving. He also submitted that she is able to maintain herself by working as Interior Decorator, therefore, she cannot be entitled for maintenance. 4. On the other hand, revisionist is an unemployed person and has completed L.L.B. in the year 2024. There is no any business in his name, but operated by her mother, father and brother. The learned trial court has fixed the amount of maintenance Rs. 5000/- per month in favour of wife and Rs. 2000/- per month in favour minor daughter, total Rs. 7000/- per month from the date of application to date of order and Rs. 7000/- per month in favour of wife and Rs. 3000/- per month in favour of minor daughter, total Rs. 10,000/- per month from the date of order. The amount so fixed by the learned trial court is excessive and beyond the paying capacity of the revisionist, therefore, request to reduce the amount and set aside the order dated 28.03.2025. 5. Learned A.G.A. opposed the prayer as aforesaid. 6. On considering the facts and circumstances, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, the order passed by the learned trial court dated 28.03.2025, it appears that due to neglect on the part of the revisionist, the opposite party no.2 is living in her Maika with minor daughter, who was born from their wed-lock. There is nothing on record to show that she is working as Interior Decorator and earning Rs. 1,00,000/- per month and is able to maintain herself. She herself stated before the learned trial court that prior to her marriage, she used to sell product but after marriage she was house wife and even today she is not working any where and is not able to maintain herself and minor daughter. 7. On the other hand, revisionist completed his M.Ed in 2014 and M.Sc. in 2017 and now he has completed L.L.B. in 2024. During the cross-examination, he has stated that United Pencil Works Lohamandi, Agra, Akhil Plywood and Hardware Dayal Bag, Agra and Akhil Timber Udyog Freeganj, Agra are in the name of father, mother and brother, but he refused to file registration certificates of the firms and he himself in the affidavit disclosed his educational qualification. He did not disclose his actual income, even in the affidavit filed by him before the learned trial court. Akhil Plywood and Hardware Dayal Bag, Agra and Akhil Timber Udyog Freeganj, Agra are in the name of present revisionist, as it appears from the name of the firms, even though he is concealing his income. Despite, he is highly qualified and able bodied person and being husband of the opposite party no.2 and father of opposite party no.3 is under legal obligation to maintain them.The learned trial court has fixed the amount of maintenance Rs. 5000/- per month in favour of wife and Rs. 2000/- per month in favour minor daughter, total Rs. 7000/- per month from the date of application to date of order and Rs. 7000/- per month in favour of wife and Rs. 3000/- per month in favour of minor daughter, total Rs. 10,000/- per month from the date of order. The amount so fixed by the learned trial court is not excessive and beyond the paying capacity of the revisionist. In this way, there appears no any illegality or impropriety in the order passed by the learned court dated 28.03.2025, but this criminal revision being devoid of merit is liable to be dismissed. 8.Accordingly, this criminal revision being devoid of merit is hereby, dismissed. Order Date :- 6.8.2025/T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad