Neutral Citation No. - 2025:AHC:65026 Court No. - 79 Case :- CRIMINAL REVISION No. - 3874 of 2024 Revisionist :- Kapil Raj Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Krishna Gopal Counsel for Opposite Party :- Ashish Chitranshi,G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist, learned counsel for the opposite party 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 impugned judgment and order dated 05.07.2024 passed by Additional Principal Judge, Family Court, Court No. 3, Bareilly, in Criminal Case No. 449 (219)/ 2020 (CNR No. UPBR020009992020) (Smt. Poonam and Another Vs. Kapil Raj), under Section 125 of Criminal Procedure Code, Police Station Baradari, District Bareilly and further prays to stay the effect and operation of the aforesaid order during the pendency of the present revision. 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. It is further submitted that the wife is living separate from him without any reasonable excuse though he is ready to keep her as his wife in separate house constructed by him for the purpose. It is submitted that the revisionist is working as sweeper in the development office and gets salary about Rs. 33,000/- per month but the learned trial court has awarded the amount of maintenance Rs. 10,000/- in favour of wife and Rs. 5,000/- in favour of his minor son, total Rs. 15,000/- per month which is in excess. He also submits that there are some other liabilities on the revisionist. He has also taken loan and Rs. 20,000/- per month are deducted as E.M.I., so, he is not in a position to make payment of the amount of maintenance as awarded by the learned trial court, therefore, request to reduce the amount and also divide the amount of arrears in easy installments. Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and contended that in this case the revisionist has not shown his accurate income in the affidavit filed by him before the learned trial court but admitted that Rs. 33,000/- are received by him as monthly salary. He also contends that the wife was subjected to ill treatment that was the reason she started living in her Maika with the minor child. There is reasonable excuse to live separate from the husband. He also contends that the revisionist has contracted other marriage and his wife is also pregnant regarding which he received the information and filed some photographs before the learned trial court. The amount as fixed by the learned trial court cannot be said to be excessive but it is less than sufficient in view of status of wife and education of the minor son. He also contends that no amount has been paid by the revisionist to the wife from the year 2020. On considering the facts and circumstances of the case, submissions made by learned counsel for both the parties as well as learned A.G.A. and perusal of record, the order passed by the learned trial court, it appears that due to neglect on the part of revisionist the wife is living separate from him with the minor child. The revisionist is a government servant and admittedly gets salary Rs. 33,000/- per month and a certain amount is deducted per month from his salary in repayment of loan taken by him. Keeping in view the liabilities and the income of the husband/revisionist the amount Rs. 10,000/- per month in favour of wife and Rs. 5,000/- per month in favour of minor child appears to be excessive, therefore, it is reduced to Rs. 8,000/- per month in favour of wife and Rs. 4,000/- per month in favour of minor child, total Rs. 12,000/- per month from the date of order and maintenance from the date of application till the date of order will remain the same as fixed by the learned trial court. So far the amount of arrears of maintenance is concerned, Rs. 2,50,000/- will be paid by the revisionist within two months from today and remaining amount shall be paid by him in twenty four equal installments payable month to month with the current amount of maintenance. Accordingly, this revision is disposed of finally. Order Date :- 28.4.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad