Neutral Citation No. - 2025:AHC:85205 Court No. - 79 Case :- CRIMINAL REVISION No. - 3901 of 2024 Revisionist :- Shivkumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ritesh Singh,Suresh 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 07.05.2024 passed by the learned Principal Judge, Family Court, Shahjahanpur in Criminal Misc. Case No. 432 of 2020 (Yantra Prajapati @ Manya Vs. Shivkumar), under Section 125 Cr.P.C., Police Station Rauja, District Shahjahanpur by which interim maintenance has been allowed at the rate of Rs. 3000/- per month to the minor daughter. It is submitted by learned counsel for the revisionist that in this case, Smt. Shikha was wedded to the revisionist and the opposite party no. 2, Yantra Prajapati @ Manya was born from the wedlock. Smt. Shikha is living separate from him with consent and there is no claim on her part but an application u/s 125 Cr.P.C. was moved on the part of the opposite party no.2, the minor daughter which was allowed by the learned trial court fixing the amount of maintenance Rs. 3000/- per month from the date of application till her marriage. Further submitted that the amount so fixed by the learned court be fixed in the fixed deposit scheme and also arrears of the amount of maintenance be divided into equal installment for easy payment. 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 mother of the child is living separate from her father with mutual consent, therefore, she has not filed an application for maintenance but this application has been filed on the part of opposite party no. 2, minor daughter who was born to the revisionist and Smt. Shikha. The minor child is living with her mother and on the ground of divorce of mother under Section 13B Hindu Marriage Act, the right of child cannot be waived, therefore, she is entitled for maintenance from her father. The learned trial court has considered all these facts while passing the order in question and also considered the income of the revisionist then fixed the amount of maintenance Rs. 3000/- per month which cannot be said to be excessive or beyond paying capacity of the revisionist. Since this amount is for the maintenance of the minor child, therefore, it cannot be kept in fixed deposit scheme. The learned trial court has not committed any error on fact or law while passing the order in question. In this way, there appears no any illegality or impropriety in the order passed by learned trial court, therefore, 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 expedient to divide it into equal 12 monthly installments which shall be payable with current amount of maintenance month to month. Accordingly, the present revision is disposed of at the admission stage. Order Date :- 21.5.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad