Neutral Citation No. - 2025:AHC:133479 Court No. - 84 Case :- CRIMINAL REVISION No. - 4253 of 2025 Revisionist :- Vijay Bharti Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Atul Kumar Singh 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 record. This criminal revision has been filed by the revisionist with prayer to set aside the impugned judgment and order dated 19.05.2025 passed by the learned Principal Judge, Family Court, Firozabad in Criminal Misc. Case (Maintenance) Petition No. 1127 of 2022 (Smt. Sridevi and another Vs. Vijay Bharti), under Section 125 Cr.P.C., Police Station Mahila Thana, District Firozabad. 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 son of the revisionist. The opposite party no. 2 is living apart from him in her maika without any sufficient reason. In her statement before the learned trial court, she stated that she is not willing to live with her husband, it shows that there is no any sufficient reason to live apart from him. He is an unemployed person and no any source of regular income even though the learned trial court has fixed the amount of maintenance Rs. 4000/- per month in favour of wife and Rs. 1000/- per month in favour of minor son from the date of application that is excessive and beyond his paying capacity, therefore, request to set aside the order passed by learned trial court dated 19.05.2025 and allow the revision and also to divide the amount of arrears of maintenance in equal installments for making payment easy. 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, the wife has stated that the revisionist misbehaved and beaten her that was the reason she went to her maika and after panchayat she came to her sasural but again the revisionist misbehaved her and she came back to her maika. Once the wife of brother of the revisionist also called her on telephone and she came in her sasural to live with the revisionist but again she was maltreated that was the reason she was not willing to live with the revisionist. In this way, there is sufficient reason with the wife to live apart from the revisionist. The amount fixed by the learned trial court Rs. 4000/- per month in favour of wife and Rs. 1000/- per month in favour of minor son cannot be said to be excessive or more than sufficient. The revisionist is able bodied person and is under legal obligation to maintain his wife and minor child. He has not disclosed his income before the learned trial court that is the reason it has been assumed by the learned trial court that he may make earning about Rs. 15,000/- per month by working as labourer. In this way the amount so fixed by the learned trial court cannot be said to be beyond his paying capacity. There appears no any illegality or impropriety in the order passed by learned trial court and it does not warrant interference by this Court. So far as the amount of arrears of maintenance from the date of application to the date of order is concerned, it may be divided into equal 12 monthly installments, those will be paid with current amount of maintenance month to month. Accordingly, the present revision is disposed of at the admission stage. Order Date :- 7.8.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad