Neutral Citation No. - 2025:AHC:81335 Court No. - 79 Case :- CRIMINAL REVISION No. - 4565 of 2024 Revisionist :- Swrajveer Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Jai Kishan,Vipin Kumar 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 material on record. This criminal revision has been filed with a prayer to allow the revision and set aside the judgment/order dated 14.06.2024 passed by learned First Additional Principal Judge, Family Court, Firozabad in Criminal Misc. Case No. 06 of 2021 (Smt. Bhawna and others Vs. Swarajveer Singh), under Section 125 Cr.P.C., Police Station Narkhi, District Firozabad and further pray to stay the effect and operation as well as execution of the aforesaid order during the pendency of this revision. It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 is his second wife who was married to him after the death of first wife. Opposite party nos. 3 and 4 are daughter and son from the first wife those are living with the opposite party no. 2. He further submits that the revisionist was working in Army as Naib Subedar and now he has been retired and gets pension. He further submits that he constructed the house from his income in which the opposite party nos. 2, 3 and 4 are living. The revisionist is living in the village on account of harassment on the part of opposite party no. 2. He never subjected her to harassment. He did not neglect her but always maintained her and also purchased property in her name and in the name of the son. The learned trial court did not consider all these facts but allowed the application under Section 125 Cr.P.C. fixing the amount of maintenance Rs. 3,000/- per month in favour of wife, Rs. 3,000/- per month in favour of minor daughter and Rs. 2,000/- per month in favour of minor son, therefore, request to reduce the amount and set aside the order passed by the learned trial court and also submits to divide the amount of arrears of maintenance from the date of application to the date of order in easy installments. Learned A.G.A. opposed the prayer as aforesaid. On considering the facts and circumstances, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, the order passed by the learned trial court dated 14.06.2024, it appears that opposite party no. 2 is wife of the revisionist and opposite party nos. 3 and 4 are minor daughter and son. All the three are living in the house said to be constructed by the revisionist himself but he lives in the village and did not provide money for their maintenance and expenses for education to the minor children though she is unable to maintain herself and her children. This shows neglect on the part of the revisionist. He was working in Army but now said to be retired from his post and admittedly he is getting Rs. 36,000/- per month as pension out of which Rs. 3,000/- per month in favour of wife, Rs. 3,000/- per month in favour of minor daughter and Rs. 2,000/- per month in favour of minor son cannot be said to be excessive or beyond his paying capacity. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court and does not warrant any interference by this Court. So far as the recovery of arrears of the amount of maintenance is concerned, i.e. from the date of application to the date of order it will be just and proper to divide the amount of arrears of maintenance into fifteen equal installments those are to be paid month to month with the current amount of maintenance. Accordingly, this criminal revision is disposed of finally at the admission stage. Order Date :- 16.5.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad