HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4677 of 2025 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the material on record. This criminal revision has been filed with prayer to set aside the impugned judgment and order dated 17.06.2025 passed by learned Additional Principal Judge, Family Court, Shahjahanpur in Maintenance Case No.3900268 of 2014 (Smt. Prakasha vs. Rajnesh) under Section 125 Cr.P.C., Police Station Jaitipur, District Shahjahanpur. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is wife who is living apart from him with minor daughter without any sufficient cause. She was never misbehaved or subjected to harassment either by the revisionist or any member of his family. Further submits that in the year 1998 he sustained fire arm injury due to enmity in the village, thereafter, he became incapable in doing physical work and now he is not able to make earning, therefore, he is not able to make payment of any amount either to the wife or to the minor daughter living with her. On account of misbehaviour of the wife, he has already filed case u/s 13 Hindu Marriage Act which is still pending. There is no any property in his name even though the learned trial court without considering his income fixed the amount of maintenance Rs.1500/- per month in favour of wife and Rs.1000/- per month in favour of minor daughter from the date of application to the date of order and from the date of order Rs.4000/- per month in favour of wife and Rs.3000/- per month in favour of minor child which is excessive and beyond his paying capacity, therefore, request to set aside the order and Versus Counsel for Revisionist(s) : Suneel, Vir Bahadur Counsel for Opposite Party(s) : G.A. Rajnesh .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) to reduce the amount as fixed by the learned trial court. Learned A.G.A. opposed the prayer the prayer as aforesaid. 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 the order passed by the learned trial court, it appears that the revisionist and opposite party no.2 are husband & wife and opposite party no.2 /wife is living apart from him due to his neglect and misbehaviour. The minor daughter is also living with the wife who is school going. A case u/s 13 Hindu Marriage Act has also been filed by the revisionist which is still pending. The wife has no any source of income either to maintain herself or the minor daughter. The obligation to maintain the wife and minor children is on the husband/father. The learned trial court has fixed the amount of maintenance in favour of wife and minor child that cannot be said to be excessive or more than sufficient but it is meagre. There appears no any illegality or impropriety in the order dated 17.06.2025 but this revision being devoid of merit is liable to be dismissed at the admission stage itself. Accordingly, this criminal revision is dismissed. September 15, 2025 Ashok Gupta CRLR No. 4677 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad