Neutral Citation No. - 2025:AHC:114508 Court No. - 84 Case :- CRIMINAL REVISION No. - 251 of 2025 Revisionist :- Kaushar Rizvan Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Manoj Srivastava 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 material on record. This criminal revision has been filed with prayer to allow the revision and to set aside the impugned judgment and order dated 29.10.2024 passed by Additional Principal Judge, Family Court, Fatehpur, passed in Case No.265 of 2021 (Nazma Khatun vs. Kaushar Rizvan) (C.N.R. No. UPFT 020006582021) under Section 125 Cr.P.C., Police Station Kotwali, District Fatehpur which the learned trial court allowed the application under Section125 Cr.P.C. and awarded a maintenance Rs.4000/- per month for the respondent no.2 and Rs.1500/- for her three daughters each (total Rs.8500/-) per month from the date of application i.e. 12.07.2021 and arrears since date of application to the date of decision is payable in three equal quarterly installments. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is wife of the revisionist who was married to him in the year 2001 and out of the wedlock three daughters and one son were born. In the year 2021, she left her matrimonial house and went to her maika with children without any sufficient reason. Later on, the male child came back and is living with the revisionist but three daughters are living with the opposite party no.2 herself. He also submits that revisionist has old mother to look after but the opposite party no.2 always insisted on leaving the mother which cannot be done by the revisionist. The revisionist works in Airtel Private Ltd. Company and makes meagre income. The learned trial court has fixed the amount of maintenance Rs.4000/- per month in favour of wife and Rs.1500/- per month for three daughters, total Rs.8500/- per month which is excessive and beyond the paying capacity of the revisionist. He also submits that the amount of maintenance has been directed to be paid form the date of application on the place of date of order. In this way, there is illegality or impropriety in the order and the same is liable to be set aside. 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 left her matrimonial home in the year 2021 with her four children. Later on, the male child came back to his father and is living with him but daughters are living with the mother in their maternal home. There is no any material on record to show that opposite party no.2 is also making any income and is able to maintain herself and also the minor children. On the other hand the revisionist is able bodied person and is under legal obligation to maintain his wife and minor children those are unable to maintain themselves. The amount fixed by the learned trial court Rs.4000/- per month in favour of wife and Rs.1500/- per month in favour of three daughters, total Rs.8500/- per month cannot be said to be excessive or more than sufficient. As per the observations made by Hon'ble Supreme Court in the case of Rajnesh vs. Neha and another (2021) 2 SCC 324, the amount of maintenance is to be paid from the date of application and not from the date of order. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court dated 29.10.2024, therefore, it does not warrant any interference by this Court. So far as the payment of amount of arrears of maintenance is concerned, it shall be divided into 18 equal installments payable with the current amount of maintenance. Accordingly, this criminal revision is disposed of. Order Date :- 16.7.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad