Neutral Citation No. - 2025:AHC:132693 Court No. - 84 Case :- CRIMINAL REVISION No. - 2549 of 2025 Revisionist :- Virendra Shakya Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Om Prakash Yadav 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. and perused the material on record. This criminal revision has been filed with a prayer to allow the revision and set aside the impugned order dated 11.04.2025 passed by learned Principal Judge, Family Court, Jhansi in Criminal Misc. Case No. 382 of 2022 (Smt. Pooja Verma and another Vs. Virendra Sakya) under Section 125 Cr.P.C., Police Station Prem Nagar, District Jhansi. It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 is wife and 3 is minor daughter. He further submits that the opposite party no. 2 is living apart from him without any sufficient cause. She herself misbehaved with the revisionist and made false allegations against him and other members of his family and filed an application under Section 125 Cr.P.C. for maintenance from the revisionist on the false grounds. She herself is able to maintain herself by giving tution to the students even though for the purposes of grabbing property and extort money from the revisionist she has filed the present case. He also submits that the learned trial court has fixed the amount of maintenance Rs. 6,000/- per month in favour of wife and Rs. 10,000/- per month in favour of child, total Rs. 16,000/- per month that is excessive and beyond his paying capacity, therefore, request to set aside the order passed by the learned trial court and to reduce the amount of maintenance and also submits to divide the amount of arrears of maintenance in installments for easy payment. Learned A.G.A. opposed the prayer as aforesaid. 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, it appears that the opposite party no. 2 is his wife and 3 is minor daughter born with the wedlock in the year 2017. Due to neglect on the part of revisionist she is living apart from him. During the course of trial the opposite party no. 2 has stated that she lives separate from the revisionist in the same house. She pays expenses on grocery and fee of the child. She also stated that sometimes her husband brings the items of grocery and for two to three months he does not bring any item of grocery. She herself pays likewise the expenses of milk. She also admitted the fact that by giving tution to students she earns about Rs. 4,000/- per month and anyhow maintain herself and the minor daughter. On the other hand, the revisionist works as Junior Technician in Railway and receives gross salary Rs. 65,899/- per month and after deduction it is Rs. 41,792/- per month. The learned trial court has fixed the amount of maintenance Rs. 6,000/- per month in favour of wife and Rs. 10,000/- per month in favour of minor daughter. The amount of maintenance so fixed in favour of wife and minor daughter cannot be said beyond the paying capacity of the husband and there appears no any illegality or impropriety in the order passed by the learned trial court dated 11.04.2025, therefore, it does not require any interference by this Court but this criminal revision being devoid of merit is liable to be dismissed. So far as the arrears of amount of maintenance is concerned, it will be just and proper to divide the amount of arrears of maintenance into twenty four equal installments those are to be paid month to month with the current amount of maintenance. Accordingly, this criminal revision is disposed of finally. Order Date :- 6.8.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad