Neutral Citation No. - 2025:AHC:60855 Court No. - 79 Case :- CRIMINAL REVISION No. - 3936 of 2024 Revisionist :- Govind Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Abhay Kumar Singh,P.K. Upadhyay,Vikram Yadav Counsel for Opposite Party :- Anita Singh,Dinesh Kumar Misra,G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for both the parties and perused the record. This criminal revision has been filed by the revisionist with a prayer to allow the instant revision and set aside the impugned judgement and order dated 29.06.2024 passed by Additional Principal Judge, Family Court-III, Jaunpur in Case No. 20 of 2019 (Priyanka Yadav and another Vs. Govind Yadav), under section 125 Cr.P.C, Police station Kerakat, District Jaunpur. Learned counsel for the revisionist submits that in this case opposite party No.2 is wife of the revisionist and opposite party No.3 is minor son. It is further submitted that the wife is living separate from the husband without any reasonable excuse and is able to make her own earning for her maintenance. It is further submitted that the revisionist is an unemployed person and any how he earns his livelihood and is not in a position to make payment of amount of maintenance that is Rs. 3000/- for wife and Rs.2000/- for the minor son.The learned trial court did not consider all facts and circumstances of the case and earning capacity of the revisionist but decided the application and fixed the amount of maintenance as aforesaid from the date of application on the place of date of order. In this way the order passed by the learned trial court is illegal and liable to be set aside. Learned A.G.A as well as learned counsel for opposite party opposed the prayer as aforesaid and contended that the wife is living separate from the husband due to misbehaviour and neglect on his part. It is also contended that the minor child is also living with the wife but revisionist is neglecting to maintain to his wife and also the minor child. He is an able bodied person and well qualified, his education is M.Sc/B.Ed and operates coaching centre. He also owns agricultural land, therefore, it cannot be said that he is an unemployed person and does not make any income. He is under legal obligation to maintain his wife and minor child. The amount awarded cannot be said to be excessive but is less than sufficient. On considering the facts and circumstances of the case, submissions made by learned counsel for the parties, perusal of record and the order dated 29.6.2024 passed by the learned trial court, it appears that the opposite party Nos.2 and 3 are wedded wife and minor son of the revisionist. The wife is living separate from the husband from the year 2019 due to neglect on the part of the husband. The revisionist himself stated before the learned trial court that he will not keep the wife with him even she is willing to live.It also shows that he is not ready to keep the wife with him. In this way he is under legal obligation to maintain his wife and minor child who is living apart. The revisionist is M.Sc/B.Ed having agricultural land and also a Car. In view of this it cannot be said that he is not in a capacity to make earning. On the other hand, there is nothing on record to show that the wife is capable in maintaining herself. Therefore, the amount of Rs.3000/- for maintenance in favour of wife and Rs.2000/- for the minor child cannot be said to be in excess but less then sufficient. As a result there appears no any illegality or impropriety in the order passed by learned trial court dated 29.6.2024 and it warrants no interference by his court. So far as the amount of arrears of maintenance is concerned, it is contended by the learned counsel for both the parties that Rs.1,00,000/- has already been paid to the wife and matter was referred to the mediation which failed, therefore, the amount of arrears be divided into equal instalment. In this regard in considered opinion of this Court the amount of arrears of maintenance shall be divided into 15 equal instalments that will be paid month to month with current amount of maintenance . Accordingly, this criminal revision is disposed of. Order Date :- 22.4.2025.G.S Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad