Neutral Citation No. - 2025:AHC:58402 Court No. - 79 Case :- CRIMINAL REVISION No. - 3032 of 2024 Revisionist :- Sarwer Alam Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Shri Prakash Dwivedi 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/quash the impugned judgment and order dated 17.05.2024 passed by learned Principal Judge, Family Court, Mirzapur in Misc. Case No. 538 of 2014 (Smt. Rubina Bano and another Vs. Sarwer Alam), under Section 125 Cr.P.C., Police Station Kotwali City, District Mirzapur and further pray to stay the effect and operation of the aforesaid order. It is submitted by learned counsel for the revisionist that in this case opposite party nos. 2 & 3 are wife and minor son of the revisionist. It is further submitted that wife is living separate without any reasonable excuse from the husband from the year 2014. An application under Section 125 Cr.P.C. was filed by her in which Rs. 2,000/- were fixed as interim maintenance in favour of wife which the revisionist continued to pay but now the amount of maintenance from the date of application to the date of order has been increased to Rs. 3,000/- and from the date of order Rs. 4,000/- for each which is beyond the paying capacity of the revisionist. He further submits that the revisionist is owner of four wheeler which he drives and earns livelihood. There is no any other income. He worked in Himachal Pradesh in a private company but on account of distress from the litigation he left the private job also. It is also submitted that wife is a graduate and is in position to maintain herself. He never neglected her or subjected to harassment even though she is living separately that is without any reasonable excuse, therefore, request to reduce the amount of maintenance though he is ready to pay the amount of maintenance from the date of order but the amount increased from the date of application to the date of order is in excess, therefore, it be reduced. 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, the order passed by the learned trial court dated 17.05.2024, it appears that in this case the opposite party nos. 2 and 3 are wife and minor son of the revisionist. The revisionist was working in Himachal Pradesh in a private company since he is B- Pharma degree holder, owner of four wheeler also though no any specific income has been mentioned by the revisionist but he is able bodied person and under legal obligation to maintain his wife and minor son who is studying in Class Xth and now aged about 14 to 15 years as admitted by the revisionist himself in his cross- examination before the learned trial court. Since the revisionist is ready to make payment of maintenance from the date of order as decided by the learned trial court but the amount from the date of application to the date of order in favour of son i.e. Rs. 1,000/- is said to be in excess by the revisionist. In considered opinion of the Court the amount of Rs. 1,000/- from the date of application to the date of order in favour of son cannot be said to be excessive but for easy payment of this amount it will be just and proper to divide the amount in equal installments for easy payment. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court dated 17.05.2024 and does not warrant any interference by this Court. Accordingly, this criminal revision is disposed of finally with the direction to the revisionist to make payment of arrears of maintenance from the date of application to the date of order in 24 equal installments with the current amount of maintenance per month. Order Date :- 21.4.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad