Neutral Citation No. - 2025:AHC:73840 Court No. - 79 Case :- CRIMINAL REVISION No. - 3191 of 2024 Revisionist :- Akeel Ahmad Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Satendra Kumar Sharma Counsel for Opposite Party :- Asad Ahmad,G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist, learned counsel for the opposite party as well as learned A.G.A. for the State and perused the material on record. The present criminal revision has been filed with a prayer to allow the revision and set aside the impugned judgment dated 28.03.2024 passed by the Court of learned Additional Principal Judge, Family Court, Pilibhit in Maintenance Case No. 270 of 2022 (Smt. Shaheen Vs. Akeel Ahmad) under Section 125 Cr.P.C., Police Station Neoria, District Pilibhit. It is submitted by learned counsel for the revisionist that in this case opposite party no. 2/wife is living separate from him without any reasonable excuse. It is also submitted that the revisionist makes no income but works for cutting of chickens and goats. He has no regular income. It is further submitted that the learned trial court has fixed the amount of Rs. 5,000/- per month as maintenance that is beyond his paying capacity, therefore, request to set aside the order passed by the learned trial court dated 28.03.2024 and reduce the amount of maintenance. Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and contended that in this case the revisionist makes earning of Rs. 60,000/- per month by selling chickens. It is also contended that the amount so fixed by the learned trial court Rs. 5,000/- per month as maintenance is not excessive. 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 material on record, the order passed by the learned trial court dated 28.03.2024, it appears that due to neglect on the part of revisionist/husband she is living separate from him. She was being harassed by the revisionist. There are such allegations on the part of wife against the revisionist which show that she was illtreated as a result she started living in her Maika, therefore, she has sufficient cause to live separate from husband. There is nothing on record to show about the income of the revisionist except the statement of the opposite party no. 2 that he works for cutting of chickens by which he makes earning about Rs. 50,000/- to 60,000/- per month but there is nothing on record to support the statement. On the other hand, the revisionist has stated that he has no any regular income but works on daily basis for cutting the chickens and goats. He does not own any shop. In this way, though the amount fixed by the learned trial court cannot be said to be too much but in view of economical condition of the revisionist it is just and proper to reduce the amount of maintenance from Rs. 5,000/- per month to Rs. 4,000/- per month in favour of wife from the date of application. Accordingly, this criminal revision is partly allowed with modification to the extent of amount of maintenance of Rs. 4,000/- per month in favour of wife from Rs. 5,000/- per month from the date of application. Order Date :- 7.5.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad