Neutral Citation No. - 2025:AHC:58311 Court No. - 79 Case :- CRIMINAL REVISION No. - 2819 of 2024 Revisionist :- Hanuman Maddheshiya Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Dhirendra Pratap Singh,Shivam Kumar Modanwal 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 perusal the material on record. This criminal revision has been filed by the revisionist with prayer to allow this revision and set aside the impugned judgment and order dated 28.03.2024 passed by the learned Additional Principal Judge, Family Court, Court No. 2, Gorakhpur in Case No. 192 of 2018, under Section 125 Cr.P.C., Police Station Pipraich, District Gorakhpur. It is submitted by learned counsel for the revisionist that in this case, opposite party nos. 2 and 3 are wife and minor child of the revisionist. The wife is living separately from her husband from the year 2018 regarding which a petition for Restitution of Conjugal Rights was filed and was decreed ex-parte in favour of the revisionist but the opposite party no. 2 did not comply with the order. An application under Section 125 Cr.P.C. was filed by her which was decided finally by the learned trial court vide order dated 28.03.2024 and amount of maintenance was fixed Rs. 4000/- in favour of wife/opposite party no. 2 and Rs. 1500/- in favour of minor son/opposite party no. 3, total Rs. 5500/- per month and Rs. 2000/- for the wife and Rs. 2000/- for minor son from the date of application to the date of order. Further submitted that revisionist works as labourer and has no any regular income, therefore, amount of Rs. 5500/- is beyond his paying capacity. The wife is living separate without any reasonable excuse, this fact was not considered by the learned trial court while awarding the amount of maintenance, therefore, request to reduce the amount so awarded and also request to divide the arrears of maintenance in easy installments. learned A.G.A. opposed the prayer as aforesaid. On 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 order passed by learned trial court, it appears that the wife/opposite party no. 2 is living separate with minor son on account of neglect and misbehavior on the part of the revisionist. She is an unemployed lady and does not make any income though it is mentioned on the part of revisionist that she is living in adultery and works as beautician but there is no any proof on record to show that she is living in adultery or working as beautician and making any income. In this way she cannot be said to be in a position to maintain herself and a minor son. On the other hand, the revisionist is an able bodied person and under obligation to maintain his wife and minor son. The amount Rs. 4000/- in favour of wife and Rs. 1500/- in favour of minor son cannot be said to be excessive and beyond the paying capacity of the husband. In this way, there appears no any ground to make interference in the order passed by learned trial court dated 28.03.2024. So far as the recovery of arrears of maintenance is concerned, the amount of arrears of maintenance from the date of application to the date of order shall be divided into equal 24 monthly installments, those will be paid with current amount of maintenance. If any amount paid by the revisionist in favour of wife that will be subjected to adjustment. Accordingly, the present revision is disposed of at the admission stage. Order Date :- 21.4.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad