HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4751 of 2025 Court No. - 84 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 and order dated 20.07.2025 passed by learned Additional Principal Judge, Family Court-I at Aligarh in Case No. 288 of 2024 (Smt. Shameena Vs. Jameel) under Section 128 Cr.P.C., Police Station Delhigate, District Aligarh ordering the recovery of Rs. 1,75,000/- from the revisionist and further prays to stay the impugned aforesaid order during the pendency of this revision. It is submitted by learned counsel for the revisionist that in this case the opposite party no. 2 is wife who is living apart from him without any sufficient reason and moved an application under Section 125 Cr.P.C. which was allowed by the learned trial court fixing the amount of maintenance Rs. 2,000/- per month in favour of wife from the date of application to the date of order and from the date of order Rs. 2,500/- per month in favour of wife. He further submits that she moved an application under Section 128 Cr.P.C. for recovery of amount of Rs. 1,75,000/- regarding which the learned trial court has issued the recovery warrant, therefore, request to reduce the amount and stay the operation of order dated 20.07.2025 issuing the recovery warrant. He also submits that for easy payment of arrears of amount of maintenance it may be divided into installments. Learned A.G.A. opposed the prayer as aforesaid and contended that in this Versus Counsel for Revisionist(s) : Dhruva Dixit Counsel for Opposite Party(s) : G.A. Jamil @ Jamil Khan .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) case an application under Section 125 Cr.P.C. was filed in the year 2018 as Case No. 206 of 2018 which was decided by the learned trial court as aforesaid but the revisionist has not paid any amount of maintenance that was the reason an application under Section 128 Cr.P.C. was filed by the wife/opposite party no. 2 for recovery of amount of Rs. 1,75,000/- regarding which the learned trial court has issued the recovery warrant. There is no any illegality or impropriety in the order passed by the learned trial court. On considering the facts and circumstances, 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 dated 20.07.2025, it appears that there is arrears of amount of maintenance Rs. 1,75,000/- against the revisionist regarding which recovery warrant has been issued by the learned trial court. There is no any illegality or impropriety in the order in issuing the recovery warrant for recovery of amount of arrears of maintenance in favour of opposite party no. 2, therefore, it does not require interference but for convenience of payment of amount of arrears on the part of the revisionist he is directed to make deposit of Rs. 75,000/- within a period of 30 days from today and then he will make payment of remaining amount in ten equal installments with the current amount of maintenance. In case he fails to comply the order, the learned trial court will be at liberty to proceed further for recovery of amount by adopting procedure prescribed by law. Accordingly, this criminal revision is disposed of finally. September 10, 2025 Suraj Srivastav CRLR No. 4751 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad