Neutral Citation No. - 2025:AHC:81231 Court No. - 79 Case :- CRIMINAL REVISION No. - 4304 of 2024 Revisionist :- Ashish Kumar Srivastava Alias Ashish Srivastava Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Babu Lal Ram 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. for the State and perused the record. The present criminal revision has been filed with prayer to allow the revision and set aside the judgment and order dated 03.06.2024 passed by the learned Additional Principal Judge, Family Court No.1, Agra in Criminal Misc. Case No.1216 of 2020 (Bhanu Priya Srivastava vs. Ashish Srivastava) under Section 125 Cr.P.C., Police Station Kotwali Agra, Distict Agra. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is wedded wife of the revisionist whose marriage was performed in the year 2017. The opposite party no.2 was living in the house of the revisionist but she was never subjected to harassment or demand of dowry. Due to suspicion she imposed obscene allegations against the revisionist with other woman though there is nothing on record to show that there was any such relation. From the year 2020 she started living in her maika without any sufficient reason and filed an application u/s 125 Cr.P.C. against the revisionist which was allowed by order dated 03.06.2024 fixing the amount of maintenance Rs.5000/- per month in favour of wife though the income of the revisionist was Rs.8000/- per month as stated in the affidavit filed by him before the learned trial court though he admitted his income Rs.12,000/- per month in his cross-examination before the learned trial court but it was after increment. He also submits that the amount of maintenance Rs.5000/- per month is excessive and beyond the paying capacity of the revisionist, therefore, request to reduce the amount and set aside the order dated 03.06.2024 passed by the learned trial court and also divide the amount of arrears of maintenance into easy installments. Learned A.G.A. opposed 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 learned trial court, it appears that the marriage between the opposite party no.2 and the revisionist was performed in the year 2017 and she lived in her matrimonial house till the year 2020. In the meantime, she was being subjected to harassment by the revisionist and other members of his family and also the revisionist was in illicit relation with some other lady whose name has been mentioned in the order passed by the learned trial court that is the reason she started living in her maika from the year 2020. There is nothing on record that opposite party no.2 is working lady or making any income to maintain herself. On the other hand, the revisionist has mentioned in the affidavit that he works as Transport In-charge in Alan Public School, Kalyan Road, Kanpur and gets Rs.8500/- per month but in his cross-examination before the learned trial court he admitted his salary as Rs.12,000/- per month. The learned trial court has fixed the amount of Rs.5000/- per month as maintenance which cannot be said to be more than sufficient and disproportionate to the income of the revisionist. The aforesaid income has been shown for the year 2020 but as per the statement of the revisionist it was subjected to increment. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court dated 03.06.2024 as a result it does not warrant any interference by this Court and also divide the amount of arrears of maintenance into easy installments. However, it is directed that the revisionist shall make payment of amount of arrears of maintenance in 12 equal installments alongwith the current amount of maintenance. Accordingly, this criminal revision is, hereby, disposed of at the admission stage itself. Order Date :- 16.5.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad