Neutral Citation No. - 2025:AHC:76593 Court No. - 79 Case :- CRIMINAL REVISION No. - 2955 of 2024 Revisionist :- Manvendra Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Radhey Shyam 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. for the State and perused the record. The present criminal revision has been filed with prayer to set aside the judgment and order dated 12.03.2024 passed by Additional Principal Judge, Family Court, Farrukhabad in Case NO.42/12/2019 (Smt. Seema Devi and another vs. Manvendra Singh) under Section 125 Cr.P.C., Police Station Kampil, District Farrukhabad. It is submitted by learned counsel for the revisionist that in this case the opposite party no.2 is wife and opposite party no3 is minor daughter of the revisionist. Further submitted that the opposite party no.2 is living separate from him without any sufficient cause. The marriage was performed in the year 2008 and no any demand of dowry was made and she was never subjected to cruelty or harassment even though from the year 2018 she is living apart from the revisionist. She filed an application u/s 125 Cr.P.C. which was allowed by the learned trial court by order dated 12.03.2024 fixing the amount of maintenance Rs.1500/- per month in favour of wife and Rs.1000/- per month in favour of minor daughter from the date of application to the date of order and from the date of order Rs.4000/- in favour of wife and Rs.2000/- per month in favour of minor daughter total Rs.6000/- per month. The revisionist works as labour in MGNREGA and gets Rs.240/- per day and when he does not get job in the village he goes to Delhi for earning his livelihood and earns Rs.5000/- to Rs.6000/- per month. There is no any agricultural land with the revisionist but the learned trial court did not consider all these facts and fixed the amount of maintenance Rs.6000/- in total from the date of order which is more than sufficient and beyond the paying capacity of the husband/revisionist, therefore, requests to reduce the amount and set aside the order passed by learned trial court. 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 the learned trial court, it appears that the opposite party no.2 is wedded wife of the revisionist and opposite party no.3 is minor daughter who is aged about 13 years now. Due to harassment on the part of the revisionist/husband she is living apart with her minor daughter. The allegations made by opposite party no.2 against the revisionist show that she has sufficient reason to live separate from the revisionist. She is not an earning woman and she has no any means to support her. On the other hand the revisionist being husband and father is under bounden duty to maintain his wife and minor daughter those are unable to maintain themselves. The amount of maintenance Rs.4000/- per month in favour of wife and Rs.2000/- per month in favour of minor daughter who is aged about 13 years cannot be said to be more than sufficient. This amount is to be paid from the date of order. The learned trial court has itself shown leniency in fixing the amount of maintenance Rs.1500/- per month and Rs.1000/- per month from the date of application to the date of order. In this way, there appears no any ground either to reduce the amount or to set aside the order passed by learned trial court as being illegal, therefore, order dated 12.03.2024 does not warrant any interference by this Court. So far as the contention of learned counsel for the revisionist is concerned, that the amount of maintenance from the date of application to the date of order has already been paid by the revisionist to the opposite party no.2. The learned trial court itself has directed that the amount received by the wife as interim maintenance in the present case or in some other case shall be subject to adjustment in the final amount, therefore, it does also not require any further direction. Accordingly, this criminal revision is disposed of finally at the admission stage. Order Date :- 12.5.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad