Neutral Citation No. - 2025:AHC:127632 Court No. - 84 Case :- CRIMINAL REVISION No. - 3619 of 2025 Revisionist :- Archit Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Vijai Kumar Tiwari 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 record. The present criminal revision has been filed with prayer to allow the revision and set aside the judgment and order dated 28.05.2025 passed by learned Principal Judge, Family Court, Court No. 2, Bareilly in Case No. 1568 of 2021 (Smt. Anju and another Vs. Archit) under Section 125 Cr.P.C. Police Station Aliganj, District Bareilly. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife and opposite party no. 3 is minor daughter of the revisinist. The opposite party no. 2 is living apart from him without any sufficient cause and filed an application under Section 125 Cr.P.C. which was decided by the learned trial court vide order dated 28.05.2025 fixing the amount of maintenance Rs. 4000/- per month in favour of wife and Rs. 2000/- per month in favour of minor daughter. Further submitted that the revisionist is unemployed and has no regular source of income. Learned trial court has guessed his income Rs. 12,000/- per month by working as labourer though he has no any such income and amount fixed by the learned trial court is excessive and beyond his paying capacity, therefore, request to set aside the order passed by the learned trial court and reduce the amount. Learned A.G.A. opposed the prayer as aforesaid. On 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 order passed by learned trial court, it appears that the opposite party no. 2 is wedded wife of the revisionist and marriage was performed in the year 2017. On 01.08.2018 the opposite party no. 3 was born from the wedlock, thereafter she was subjected to torture by the husband and other members of his family, that was the reason she came to her maika and started living there with her minor child. In the meantime, no any amount was given by the husband except the amount of interim maintenance as fixed by the learned trial court. The revisionist himself has not disclosed his income during his cross- examination but stated that he works as labourer and earns Rs. 2000/- in a month. The statement of the revisionist cannot be said to be reliable in any way, since he is young and able bodied person. The learned trial court has estimated his income Rs. 12,000/- per month by working as labourer and fixed the amount as aforesaid which cannot be said to be excessive or beyond paying capacity of the revisionist since he is under legal obligation to maintain his wife and minor child. There appears no any illegality or impropriety in the order dated 28.05.2025 but this revision being devoid of merit requires no interference by this Court. So far as the arrears of amount of maintenance is concerned, it may be paid by the revisionist to the opposite parties in 12 equal installments with current amount of maintenance payable month to month. Accordingly, this criminal revision is disposed of. Order Date :- 31.7.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad