Neutral Citation No. - 2025:AHC:130229 Court No. - 84 Case :- CRIMINAL REVISION No. - 4139 of 2025 Revisionist :- Ajeet Kashyap Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ashish Chitranshi 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. and perused the material on record. This criminal revision has been filed with a prayer to allow the revision and set aside the order dated 18.06.2025 passed by learned Principal Judge, Family Court, Bareilly in Case No. 1468 of 2023 under Section 125 Cr.P.C., Police Station Kotwali, District Bareilly. It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 is wife who is living separate from him without any sufficient cause and filed an application under Section 125 Cr.P.C. which was allowed by fixing the amount of maintenance Rs. 5,000/- per month in favour of wife from the date of order and Rs. 3,000/- per month in favour of wife from the date of application to the date of order. He further submits that he is an unemployed person and has no any source of regular income. The amount so fixed by the learned trial court is excessive and beyond the paying capacity of the revisionist, therefore, request to set aside the order passed by the learned trial court and to reduce the amount of maintenance and also submits to divide the amount of arrears of maintenance in installments for easy payment. Learned A.G.A. opposed the prayer as aforesaid and contended that the opposite party no. 2/ the wife is living separate from the revisionist with sufficient reason. There was affair between the revisionist and some other girl namely Sarika with whom he used to chat and when this was caught by the wife she was subjected to harassment that was the reason she started living separate in her maika. On considering the facts and circumstances, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, the order passed by the learned trial court dated 18.06.2025, it appears that since the revisionist is able bodied person and being husband of opposite party no. 2 is under obligation to maintain his wife. The amount of maintenance from the date of application to the date of order is Rs. 3,000/- per month and Rs. 5,000/- per month from the date of order which cannot be said to be excessive or beyond his paying capacity but this criminal revision being devoid of merit does not require any interference. So far as the arrears of amount of maintenance is concerned, it will be just and proper to divide the amount of arrears of maintenance into twelve equal installments those are to be paid month to month with the current amount of maintenance. Accordingly, this criminal revision is disposed of finally. Order Date :- 4.8.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad