Neutral Citation No. - 2025:AHC:71148 Court No. - 79 Case :- CRIMINAL REVISION No. - 4373 of 2024 Revisionist :- Raj Kumar Kanojiya Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Aditya Kumar Singh 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 material on record. This criminal revision has been filed with a prayer to allow the present revision and set aside the impugned judgment and order dated 19.06.2024 passed by the Additional Chief Judicial Magistrate II, Family Court, Ballia in Criminal Misc. Case No. 2768 of 2019 (Smt. Priyanka Kanojiya Vs. Raj Kumar Kanojiya) under Section 12 of Domestic Violence Act and reduce the maintenance as awarded to the revisionist in the aforesaid case. It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 is wife of revisionist who has filed application under Section 12 of Protection of Women from Domestic Violence Act registered as Case No. 2768 of 2019 with an application for interim maintenance which was allowed and Rs. 5,000/- per month was fixed as interim maintenance vide order dated 19.06.2024. Further submits that an application under Section 125 Cr.P.C. was also filed by the wife against him which was allowed by the learned court and by order dated 07.11.2020 fixed Rs. 4,000/- per month as interim maintenance which was challenged by him before this Court in Criminal Revision No. 133 of 2021 and interim order was passed on 22.01.2021 directing the revisionist to make payment of Rs. 3,000/- per month. Learned trial court passed the order dated 19.06.2024 fixing amount of maintenance without taking into consideration the income of the revisionist and the amount to be paid by him in the case under Section 125 Cr.P.C. 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 19.06.2024 and the order dated 07.11.2020, it appears that the opposite party no. 2 is wife of the revisionist. She filed an application under Section 125 Cr.P.C. in which interim maintenance was allowed to the extent of Rs. 4,000/- per month by order dated 07.11.2020 which was challenged before this Court by the revisionist in Criminal Revision No. 133 of 2021. By order dated 22.01.2021 this Court directed the revisionist to make payment of Rs. 3,000/- per month as interim maintenance which was to be released in favour of opposite party no. 2 by Principal Judge, Family Court. In case of default the interim order passed by this Court shall stand automatically vacated. As per submission made by learned counsel for the revisionist he has not paid the amount as directed by this Court. The learned court concerned in Case No. 2768 of 2019 under Section 12 of Protection of Women from Domestic Violence Act, fixed the amount of Rs. 5,000/- per month as interim maintenance with direction to make adjustment in the amount received by the wife/opposite party no. 2 in any other case. Since the amount which is being received by the wife/opposite party no. 2 in another case as amount of maintenance, is subject to adjustment in the present amount of Rs. 5,000/- awarded by the learned court by order dated 19.06.2024, there appears no any illegality or impropriety in the order passed by the learned court concerned but this criminal revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is, hereby, dismissed. Order Date :- 5.5.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad