Neutral Citation No. - 2025:AHC:80146 Court No. - 79 Case :- CRIMINAL REVISION No. - 3457 of 2024 Revisionist :- Aasu@ Aas Mohammad Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Raghubir Singh 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. The present criminal revision has been filed with prayer to allow the revision and set aside the judgment and order dated 20.04.2024 passed by Principal Judge, Family Court, Hathras in Criminal Case No.138 of 2022 (Smt. Sonam vs. Aasu @ As Mohammad) under Section 125 Cr.P.C., Police Station Sadabad, District Hathras. It is submitted by learned counsel for the revisionist that in this case the trial court has passed the order dated 20.04.2024 fixing the amount Rs.5000/- per month as maintenance against the revisionist in faovur of wife/opposite party no.2. Further submitted that she is living apart from him without any sufficient cause. The revisionist works as labour and has no any regular income even though the learned trial court has fixed the amount of maintenance Rs.5000/- per month from the date of application which is beyond the paying capacity of the revisionist. He also submitted that in a case under the Protection of Women from Domestic Violence Act Rs.3000/- per month has also been awarded as maintenance when taken together it comes to Rs.8000/- per month, therefore, request to reduce the amount of maintenance and make adjustment of the amount of maintenance ordered to be paid under the Protection of Women from Domestic Violence Act. Learned A.G.A. opposed the prayer as aforesaid and contended that the wife/opposite party no.2 is living apart from the revisionist since she was physically and mentally harassed by him and was also beaten. Once there was a compromise between the parties but again she was subjected to harassment and expelled from the matrimonial house that was the reason she is living apart from him. The revisionist did not pay any amount to her for maintenance. All these facts show the neglect on the part of the revisionist. The amount fixed by the learned trial court cannot be said to be excessive or beyond the paying capacity of the revisionist as he operates business of sale and purchase of vehicle and also cattle and makes handsome income. 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 dated 20.04.2024, it appears that due to neglect on the part of the revisionist the opposite party no.2/wife is living separate from him. He deals in sale and purchase of cattle and also owns Maruti Car and is able bodied person, therefore, he is under obligation to maintain his wife who is unable to maintain herself. There is nothing on record to show that opposite party no.2 is able to maintain herself or she has sufficient means in this regard. The amount of Rs.5000/- per month as maintenance in favour of wife cannot be said to be more than sufficient or excessive. The learned trial court has directed the amount of maintenance allowance to be adjusted in the present amount if ordered by any court in other proceedings and as paid by the husband to the wife. In this way, the amount ordered to be paid i.e. Rs.3000/- per month in the case under Protection of Women from Domestic Violence Act shall be subject to adjustment in the present amount. There appears no any illegality or impropriety in the order passed by the learned trial court dated 20.04.2024, therefore, it does not warrant any interference by this Court. However, it is directed that the revisionist shall make payment of amount of arrears of maintenance in 12 equal installments alongwith the current amount of maintenance after adjustment as ordered by the learned trial court. Accordingly, this criminal revision is, hereby, disposed of at the admission stage itself. Order Date :- 15.5.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad