Neutral Citation No. - 2025:AHC:132875 Court No. - 84 Case :- CRIMINAL REVISION No. - 2541 of 2025 Revisionist :- Manoj Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Jalaj 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 order dated 29.03.2025 passed by learned Additional Principal Judge, Court No.1, Bareilly in Criminal Case No. 1361 of 2020 under Section 125 Cr.P.C., Police Station Faridpur, District Bareilly. 3. It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 is wife who is living separate from him without any sufficient cause and filed an application under Section 125 Cr.P.C. which was decided on 29.03.2025 fixing the amount of maintenance Rs. 3,000/- per month from the date of application and Rs. 3,500/- per month from the date of order. He further submits that opposite party no.2 left her matrimonial house without any reason and living separate from him. He further submitted that the revisionist is an unemployed person and has no any source of regular income. 4. On the other hand, opposite party no.2 is an educated lady and is able to maintain herself by working as teacher at Rudrapur. 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. 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 29.03.2025, it appears that due to neglect of husband/revisionist, the opposite party no.2 is living separate from him and there is no any material on record to show that she is working as teacher at Rudrapur. On the other hand revisionist is husband and able bodied person and is under legal obligation to maintain his wife. The amount of maintenance from the date of application to the date of order is Rs. 3,000/- per month and Rs. 3500/- per month from the date of order which cannot be said to be excessive or beyond his paying capacity. There appears no any illegality or impropriety in the order dated 29.03.2025, therefore, same does not require any interference by this Court. 7. 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 ten equal installments those are to be paid month to month with the current amount of maintenance. 8. Accordingly, this criminal revision is disposed of finally. Order Date :- 6.8.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad