Neutral Citation No. - 2025:AHC:74729 Court No. - 79 Case :- CRIMINAL REVISION No. - 3087 of 2024 Revisionist :- Pravesh Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Parvat Singh Counsel for Opposite Party :- G.A.,Rahul Singh Dahiya Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist, learned counsel for the opposite party no. 2 as well as learned A.G.A. for the State and perused the material on record. This criminal revision has been filed by the revisionist with a prayer to allow the revision and set aside/quash the judgment and order dated 19.04.2024 passed by the learned Additional Principal Judge, Family Court, Court No. 3, Bulandshahr in Maintenance Suit No. 147 of 2020, CNR No. UPBU020003702020, (Smt. Divya Singhal Vs. Pravesh Kumar), under Section 125 Cr.P.C., Police Station Kotwali Nagar, District Bulandshahr and furthermore prays to diminish/decrease the maintenance, more than half of the amount. Learned counsel for the revisionist limited his argument to the quantum of maintenance. It is submitted by learned counsel for the revisionist that in this case revisionist owns a shop in which he sells biscuits. The business is not being done on larger scale. He earns Rs. 6,000/- to Rs. 7,000/- per month from the shop and there is no any other source of income to the revisionist. He has also filed I.T.R. showing his income Rs. 82,310/- per year. The allegations made by the opposite party regarding income of the revisionist is false and there is no any material on record to show that he makes too much income to be able to make payment of amount of maintenance i.e. Rs. 10,000/- per month in favour of wife and Rs. 10,000/- in favour of minor child, total amount of maintenance Rs. 20,000/- per month. It is further submitted that the learned trial court has assessed the income of the revisionist only on the basis of assumption, therefore, request to reduce the aforesaid amount. Learned counsel for the opposite party no. 2 as well as learned A.G.A. opposed the prayer as aforesaid and contended that in this case the revisionist is a wholesaler and makes income about Rs. 2,12,000/- per month but there is nothing on record to show that the revisionist makes such income. On the other hand, the wife is also M.A. degree holder but she does not work anywhere to earn money but lives in the house only, therefore, the learned trial court has fixed the amount of maintenance after considering the circumstances of the case and also the statement of the opposite party regarding his business. It is also contended that the amount as fixed by the learned trial court cannot be said to be excessive and more than sufficient. On considering the facts and circumstances of the case, submissions made by learned counsel for both the parties as well as learned A.G.A. and perusal of record, the order passed by the learned trial court dated 19.04.2024, it appears that the opposite party no. 2 has stated that the revisionist earns about Rs. 2,12,000/- per month but there is nothing on record to show that he makes such income. The revisionist himself has stated before the learned trial court that he sells biscuits, namkeen and toffee etc in his small shop in which he is sharer of one sixth and also pays the electricity bill, house tax and water tax. The I.T.R. filed by him shows yearly income Rs. 82,310/-. The learned trial court has made assumption about the income of the revisionist and fixed the amount of maintenance Rs. 10,000/- per month in favour of wife and Rs. 10,000/- in favour of minor child. In considered opinion of the Court, the amount of maintenance so fixed by the learned trial court out of the income as disclosed by the revisionist himself, it is excessive, therefore, it is liable to be reduced. In this way, the amount of maintenance Rs. 10,000/- per month in favour of wife is liable to be reduced to Rs. 7,000/- per month likewise the amount of maintenance Rs. 10,000/- per month in favour of minor child is liable to be reduced to Rs. 6,000/- per month, total amount of maintenance is Rs. 13,000/- per month from the date of application and any amount if received by the opposite party in the present case or in any other case shall be subject to adjustment in the amount of maintenance. Accordingly, this criminal revision is partly allowed with modification to the extent of amount of maintenance. Rs. 10,000/- per month in favour of wife is reduced to Rs. 7,000/- per month likewise the amount of maintenance Rs. 10,000/- per month in favour of minor child is reduced to Rs. 6,000/- per month, total amount of maintenance Rs. 13,000/- per month from the date of application and if any amount received as maintenance by the opposite party in the present case or in any other case shall be subject to adjustment in the present amount of maintenance. The amount of arrears of maintenance payable by the revisionist from the date of application to the date of order shall be divided into twenty four equal installments payable with the current amount of maintenance. Order Date :- 8.5.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad