Neutral Citation No. - 2025:AHC:141548 Court No. - 91 Case :- CRIMINAL REVISION No. - 3873 of 2024 Revisionist :- Subodh Kumar Nigam Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sarvesh Counsel for Opposite Party :- Anant Ram Gupta,G.A. Hon'ble Madan Pal Singh,J. 1. Heard Sri Sarvesh, learned counsel for the revisionist, Sri Anant Ram Gupta, learned counsel for the opposite party no.2, learned AGA for the State and perused the record. 2. This criminal revision has been filed by the revisionist with a prayer to set aside the judgment and order dated 8.7.2024 passed by the Additional Principal Judge, Family Court No. 3, Kanpur Nagar in Case No. 50 of 2020 (Akanksha Nigam Vs. Subodh Nigam), under Section 127(2) Cr.P.C. by which the learned court below has enhanced the monthly maintenance from Rs. 3000/- to Rs. 6500/- per month to the opposite party no.2, from the date of the application. 3. It is submitted by learned counsel for the revisionist that the revisionist is continuously paying the maintenance of Rs. 3000/- per month to the opposite party no. 2, who is daughter of the revisionist, as had been awarded by the learned court below vide order dated 9.5.2018 passed in Case No. 410 of 2011 under Section 125 Cr.P.C. He further submits that on an application filed under Section 127(2) Cr.P.C., the learned court below has enhanced the maintenance amount from Rs. 3000/- to 6500/-, which is bad in law. Learned counsel for the revisionist next submitted that mother of the opposite party no.2 (earlier wife of the revisionist) is working in Rama Hospital and getting salary of Rs. 20,000/- per month but this fact has not been disclosed. Learned counsel for the revisionist further submits that revisionist had taken loan from the banks and other agencies, installments of which he is paying. The court below did not consider the paying capacity and income of the revisionist but enhanced the amount which is excessive. The other liabilities of the revisionist were also not considered by the learned court below, therefore, the order passed by the court below may be set aside. 4. Learned A.G.A. as well as learned counsel for the opposite party no. 2 have opposed the prayer as aforesaid and submits that when the court below has awarded the maintenance of Rs. 3000/- per month to the opposite party no. 2 under Section 125 Cr.P.C, age of the opposite party no. 2 (minor daughter) was eleven years. It is further submitted that the opposite party no. 2 is now 17 years old and she is a student of Class- X, where her education, food, clothing and other related expenses are increased, the amount awarded by the court below cannot be said to be excessive and arbitrary. It has further been submitted that the revisionist is employed in D.A.V. College, where earlier his salary was Rs. 40,000/- per month, which has now been increased to Rs. 60,000/- per month. It is next submitted that the revisionist has solemnized second marriage with Smt. Renuka Srivastava on 29.3.2015, thereafter he performed his third marriage with Smt. Parul Saxena on 28.01.2017, this fact has not been mentioned by the revisionist neither before the court below nor before this Court. The court below has rightly enhanced the maintenance after considering all aspect of the matter and the capability of the revisionist. Therefore, the order impugned does not call for any interference by this Court. 5. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A. and after perusal of record and order passed by the court below, undisputedly the opposite party no. 2 is the minor daughter of the revisionist. The maintenance amount of Rs. 3000/- had been awarded by the learned court below in the year 2018. Much time has passed since then, therefore, the maintenance amount of Rs. 3000/- may not be enough to cater the needs of the opposite party No. 2 keeping in mind her educational expenses as she is studying in Class-X. In the year 2018, salary of the revisionist was about Rs. 40,000/- which would have increased by now. The learned court below estimated the present salary of the revisionist to be Rs. 60,000/-, has enhanced the maintenance amount to Rs. 6,500/- which in the considered opinion of the Court is neither excessive nor arbitrary. The educational expenses of opposite party No. 2 would increase day by day. Therefore, the Court is of the opinion that the impugned order does not suffer from any infirmity and calls for no interference by this Court. 6. Accordingly, the present revision is dismissed. Order Date :- 19.8.2025 Akbar (Madan Pal Singh,J.) Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad