HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 3592 of 2025 Court No. - 84 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 this revision and set aside the judgment and order dated 20.05.2025 by learned Principal Judge, Family Court, Muzaffarnagar, in Case No.341/11 of 2022 (Smt. Swabhi Gupta vs. Aript Gupta) under Section 125 Cr.P.C. (144 BNSS), Police Station Kotwali Shahar, District Muzaffarnagar and also prays to stay the effect and operation of the order dated 20.05.2025. It is submitted by learned counsel for the revisionist that in this case the opposite party no.2 is wife of the revisionist who is living separate from him with her minor child born with the wedlock. She moved an application u/s 125 Cr.P.C. which was decided by the learned trial court by order dated 20.05.2025 fixing the amount of maintenance Rs.8000/- per month in favour of wife and Rs.2000/- per month in favour of minor child. He also submits that the revisionist gets net salary Rs.29,454/- per month being employee in bank and he has other liabilities relating to maintenance of his parents and also repayment of loan but learned trial court did not consider all these facts but passed the order in question while directing the amount of maintenance to be paid from the date of application on the place of date of order, therefore, request to set aside the order dated 20.05.2025 passed by the learned trial court and modify the amount of maintenance and also to fix the amount of maintenance from the date of order on the place of date of application. Versus Counsel for Revisionist(s) : Anil Kumar Tyagi, Vinay Kumar Mishra Counsel for Opposite Party(s) : G.A. Arpit Gupta .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) 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 dated 20.05.2025 passed by the learned trial court, it appears that the marriage between the parties was performed on 23.11.2016 and due to torture and neglect on the part of the revisionist the opposite party no.2/wife is living separate from him with her minor daughter and he is not maintaining them. The revisionist is an employee in bank and gets Rs.29,454/- per month as net salary as shown in the detail of bank account of the revisionist. The amount of maintenance Rs.8000/- per month in favour of wife and Rs.2000/- per month in favour of minor child aged about 6 years, cannot be said to be excessive or disproportionate to the income of the husband/revisionist. The learned trial court has considered all these facts while fixing the amount of maintenance in favour of wife and minor child. In view of the observations made by the Hon'ble Supreme Court in the case of Rajnesh vs. Neha and another (2021) 2 SCC 324 the amount of maintenance is to be fixed 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 20.05.2025 but this revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is dismissed. September 25, 2025 Ashok Gupta CRLR No. 3592 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad