Neutral Citation No. - 2025:AHC:80596 Court No. - 79 Case :- CRIMINAL REVISION No. - 4260 of 2024 Revisionist :- Smt Kiran Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sanjay Kumar Shukla Counsel for Opposite Party :- G.A. With Case :- CRIMINAL REVISION No. - 4225 of 2024 Revisionist :- Abhishek Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ghan Shyam,Vivek Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Since both criminal revisions are related to the same judgement and order dated 28.06.2024 passed by learned Principal Judge, Principal Family Court, Farrukhabad in Case No. 96/12 of 2021 (Smt. Kiran Vs. Abhishek Kumar), under Section 125 Cr.P.C., Police Station Mohammadabad, District Farrukhabad by which Rs. 4500/- per month for the wife has been fixed as maintenance from the date of application. Criminal Revision No. 4260 of 2024 is by the wife for the enhancement of amount of maintenance and Criminal Revision No. 4225 of 2024 is from the side of husband to set aside the order dated 28.06.2024. Both the revisions are from the same judgment and order, therefore, are being heard and disposed of together. Heard learned counsel for both the parties as well as learned A.G.A for the State and perused the record. It is submitted by the learned counsel for the revisionists that in this case revisionist is wife of the opposite party No.2. It is further submitted that due to neglect of opposite party No.2 she started living apart. She moved an application under Section 125 Cr.P.C. before the learned Trial Court, which has been decided vide order dated 28.06.2024 fixing amount Rs. 4,500/- per month as maintenance from the date of application. He further submits that the amount so fixed by learned Trial Court is less than sufficient, therefore, request to increase the amount so awarded. Learned A.G.A. has opposed the prayer aforesaid. On considering the facts and circumstances of the case, submissions made by the learned counsel for both the parties, perusal of record and the order passed by the learned trial court dated 28.06.2024, it appears that the revisionist is wife of opposite party no. 2. She has made statement that there are three shops including one shop of jewellery and five beeghas agricultural land owned by the husband but in support thereof there is nothing on record to show that he is owner of three shops including one jewellery shop except the statement of the revisionist herself. The opposite party no. 2 has stated that his source of income from labour work and no any other source of income has been disclosed by him. There is no any established income of opposite party no. 2 but he is able bodied person and under obligation to maintain the wife living apart from him that is the reason, learned Trial Court has fixed the amount of Rs. 4,500/- per month from the date of application to the date of order in favour of the wife / revisionist. This amount can not be said to be less than sufficient according to the status of husband and wife. In absence of established income of the opposite party no. 2 / husband, the Court can fix the amount only on the basis of guess work that has been done by the learned Trial Court. In this way, there appears no any illegality or impropriety in the order passed by learned Trial Court dated 28.06.2024 and it does not warrant any interference by this Court. So far as the argument of learned counsel for the revisionist in Criminal Revision No. 4225 of 2024 is concerned, the amount of arrears of maintenance payable by the revisionist from the date of application to the date of order shall be divided into twelve equal installments. Accordingly, the Criminal Revision No. 4260 of 2024 and also Criminal Revision No. 4225 of 2024 are hereby disposed of finally. Order Date :- 15.5.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad