Neutral Citation No. - 2025:AHC:121563 Court No. - 84 Case :- CRIMINAL REVISION No. - 3603 of 2025 Revisionist :- Aakash Parihar Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Ravi Pandey 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 set aside/quash the order dated 02.05.2025 passed by the learned Principal Judge, Family Court, Hathras in Case No.361 of 2023 (Smt. Sandhya Singh vs. Aakash Parihar) u/s 125 Cr.P.C., Police Station- Sadabad, District Hathras and also prays to stay the effect and operation of the order dated 02.05.2025. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is wife and opposite party no.3 is minor daughter of the revisionist. The opposite party no.2 is living separate from him without any sufficient reason and moved an application u/s 125 Cr.P.C. for maintenance of herself and the minor daughter. Learned trial court has allowed the application and fixed the amount of Rs.6000/- per month in favour of wife and Rs.10,000/- per month in favour of minor daughter. He further submits that the revisionist is an unemployed person and works in private job and gets meagre income out of which the amount Rs.10,000/- per month in favour of minor daughter and Rs.6000/- per month in favour of wife, total Rs.16,000/- per month is excessive and beyond his paying capacity. He further submits that the learned trial court did not consider all these facts but on the basis of dhaba run by his father assessed the amount of maintenance. He also submits that the wife as admitted that she was working prior to her marriage in Noida and was earning which shows that she is able to maintain herself and is not entitled for maintenance even though the learned trial court as fixed Rs.6000/- per month in her faour, therefore, request to set aside the order passed by the learned trial court dated 02.05.2025. 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 opposite party nos.2 & 3 are wife and minor daughter of the revisionist who are living separate from him due to neglect on his part and also physical mental torture. The opposite party no.3, the minor daughter is school going child who is in nursery class and her annual fee is Rs.39790/-. The revisionist though shows himself to be a labourer and earning Rs.4000-5000/- per month but the papers filed by the opposite party no.2 shows the electricity bill in the name of the revisionist, pan card, I.D. card showing him as Assistant Manager in Bullmen Realty India Pvt. Ltd., a photo of Parihar's Kitchen Shop No.2, Malviya Nagar, New Delhi, annual fee receipts related to the fee of daughter Aradhya of Class-Nursery and other documents showing the revisionist in Hotel, Bar and Restaurant & Catering business. This shows that financial status of the revisionist and his statements that he works as labourer and gets Rs.4000-5000/- per month cannot be said to be reliable. The amount as fixed by the learned trial court in favour of wife Rs.6000/- per month and in favour of minor daughter Rs.10,000/- per month cannot be said to be excessive or more than sufficient and keeping in view the expenses on education of the minor child it is insufficient. Therefore, there appears no any illegality or impropriety in the order passed by the learned trial court but this revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is dismissed. Order Date :- 24.7.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad