HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4941 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 perusal the material on record. This criminal revision has been filed by the revisionist with prayer to allow this revision and set aside the impugned judgment and order dated 08.07.2025 passed by the learned Principal Judge, Family Court, Sambhal at Chandausi in Case No. 563 of 2023 (Smt. Pooja and another Vs. Manoj Kumar), under Section 125 Cr.P.C., Police Station Kudhfatehgarh, District Sambhal. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife and opposite party no. 3 is minor child of the revisionist. The marriage was performed in the year 2020 and from the year 2023 she was living apart from him without any sufficient cause. The opposite party no. 2 herself misbehaved, the revisionist and other members of his family and her family members came there in the house of the revisionist and made assault on his mother regarding which he has lodged an F.I.R. Further submitted that the opposite party no. 2 owns 5 bighas agricultural land in her maika and is able to maintain herself with the income from cultivation. The revisionist is an unemployed person and have no any property in his name. Agricultural land measuring 10 bighas is in the name of his father. Sahaj Jan Sewa Kendra which was in the name of his wife and was being operated by the revisionist is also now closed. The learned trial court has fixed the amount of maintenance Rs. 5000/- per month in favour of wife and Rs. 3000/- per month in favour of minor child without assessing the income of the revisionist that cannot be said to be lawful, therefore, request to set aside the order passed by learned trial court and allow the revision and reduce the amount and also to divide the amount of arrears of maintenance in equal installments for making payment easy. Learned A.G.A. opposed the prayer as aforesaid and contended that the revisionist himself subjected the opposite party no. 2 to harassment and was compelled to arrange the money by selling agricultural land in her maika Versus Counsel for Revisionist(s) : Gaurav Sisodia Counsel for Opposite Party(s) : G.A. Manoj Kumar .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s) which was in her name that was the reason she was under compulsion to leave the sasural. No any amount is being given by the revisionist to the wife for her maintenance or maintenance of minor child. The revisionist is able bodied person and also operates Jan Sewa Kendra and makes income. The amount fixed by the learned trial court cannot be said to be excessive or more than sufficient and there is no any illegality in the order passed by learned trial court. On 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 order passed by learned trial court, it appears that due to neglect on the part of the revisionist, the opposite party no. 2 is living separate from him in her maika with her minor child. No any amount for maintenance of wife and minor child is being given by the revisionist. He has not disclosed his income before the learned trial court but told himself to be unemployed. Admittedly, Sahaj Jan Sewa Kedra was operated by the revisionist regarding which he told that it has been closed. In case it is assumed that the revisionist being able bodied person, works as labourer even then he will earn about Rs. 12,000/- to Rs. 15,000/- per month at the rate of Rs. 400/- to 500/- per day out of which amount of maintenance Rs. 5000/- per month in favour of wife and Rs. 3000 per month in favour of minor child cannot be said to be excessive or beyond his paying capacity. Thus, there appears no any illegality or impropriety in the order passed by learned trial court, therefore, it does not warrant interference by this Court. So far as the amount of arrears of maintenance from the date of application to the date of order is concerned, it may be divided into equal 12 monthly installments, those will be paid with current amount of maintenance month to month. Accordingly, the present revision is disposed of at the admission stage. September 1, 2025 Anurag Singh CRLR No. 4941 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad