HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 3824 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 the revision and set aside the impugned judgment & order dated 20.05.2025 passed by learned Additinal Principal Judge, Family Court, Court No.2, Bulandshahr in Maintenance Case No.245 of 2022 (Smt. Manisha vs. Shriniwas) u/s 125 Cr.P.C., Police Station Chhatri, District Bulandshahr and also prays to stay the effect and operation of the order dated 20.05.2025. It is submitted by the learned counsel for the revisionist that in this case the opposite party nos.2 & 3 are wife and minor son who are living apart from him. Further submits that there was compromise between the revisionist and opposite party no.2 on 06.09.2021 by which it was agreed between the parties that the opposite party no.2/wife will keep the minor child and the revisionist will have no concern with the child. Despite the compromise between the parties an application u/s 125 Cr.P.C. was filed by the wife for maintenance with the minor child. The learned trial court has rejected the claim of maintenance of wife but granted Rs.1000/- per month in favour of minor child as maintenance. He further submits that when the responsibility of the revisionist was shifted on opposite party no.2/wife for the maintenance of minor child the liability of maintenance on revisionist/father comes to an end. Even though the learned trial court has not considered this fact but passed the order in question that cannot be said to be lawful, therefore, liable to be set aside. Versus Counsel for Revisionist(s) : Arvind Kumar Singh Counsel for Opposite Party(s) : G.A. Shriniwas .....Revisionist(s) State Of U.P. And Another .....Opposite Party(s) Learned A.G.A. opposed the prayer as aforesaid and contended that opposite party no.3/minor child was born with the wedlock of the revisionist and opposite party no.2 and this fact is admitted to both the parties. The learned trial court has rejected the claim of maintenance of wife on the ground of compromise between both of them but liability to maintain the minor child is fastened on the father as per the law, therefore, it cannot be shifted on the mother by way of compromise. On the other hand, the legal right of minor can also not be waived either by the mother or father. Keeping in view this fact the learned trial court has fixed the liability of the revisionist and decided the amount Rs.1000/- per month in favour of minor child as amount of maintenance that cannot be said to be excessive or more than sufficient. 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 opposite party no.3 is minor son of the revisionist and is living with the opposite party no.2/mother. On the basis of compromise between the husband and wife both of them are living apart. The legal obligation of the revisionist is to maintain his wife and minor child. In view of Section 125(4) Cr.P.C. since wife is living apart from him on the basis of compromise, therefore, the learned trial court has rejected the claim of maintenance but minor child is also living with her, therefore, duty to maintain him rests on the shoulder on the revisionist/father. In view of these facts, the learned trial court has fixed the amount of Rs.1000/- per month in favour of minor child as maintenance which cannot be said to be excessive or more than sufficient for the maintenance of minor child but is very meagre. There appears no any illegality or impropriety in the order dated 20.05.2025 passed by the learned trial court but this revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is dismissed. September 15, 2025 Ashok Gupta CRLR No. 3824 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad