Neutral Citation No. - 2025:AHC:72973 Court No. - 79 Case :- CRIMINAL REVISION No. - 4693 of 2024 Revisionist :- Mohd Zulfiqar Alias Sheru Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Faizan Habeeb,Shahabuddin Counsel for Opposite Party :- G.A.,Shivajee Srivastava Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist, learned counsel for the opposite party no. 2 as well as learned A.G.A. for the State and perused the material on record. This criminal revision has been filed by the revisionist with a prayer to allow the revision and quash/set-aside the judgment and order dated 03.08.2024 passed by learned Additional Principal Judge, Family Court No. 3, Allahabad, in Maintenance Case No. 780 of 2019 (Shahida Bano Vs. Mohd. Zulfiqar @ Sheru) under Section 125 Cr.P.C., Police Station Mutthiganj, District Prayagraj, whereby the learned court has awarded Rs. 5,000/- in favour of opposite party no. 2 from the date of application under Section 125 Cr.P.C. and furthermore prays to stay the realization of maintenance awarded by the learned trial court during the pendency of the present criminal revision. It is submitted by learned counsel for the revisionist that in this case an ex-parte order was passed by the learned trial court dated 03.08.2024 fixing the amount of maintenance Rs. 5,000/- per month in favour of opposite party no. 2/wife who is living apart from the revisionist without any reasonable excuse. He further submits that a case under Section 12 of Protection of Women from Domestic Violence Act was also filed by her with an application of maintenance which was decided by order dated 31.05.2022 fixing the amount Rs. 6,000/- per month as interim maintenance but modified by order dated 17.07.2023 to the extent of Rs. 4,000/- per month. In this way, the total amount of maintenance becomes Rs. 9,000/- per month. The revisionist is an unemployed person and works in polishing the furniture by which he makes earning of Rs. 7,000/- to Rs. 8,000/- per month. On the other hand, the wife also knows the work of sewing and makes some earning by this work and is able to maintain herself. It is also submitted that the learned trial court without considering the income of the revisionist fixed the amount of maintenance to the opposite party no. 2/wife. He has also other liabilities, therefore, request to set aside the order passed by the learned trial court dated 03.08.2024 and reduce the amount. Learned counsel for the opposite party no. 2 as well as learned A.G.A. opposed the prayer as aforesaid and contended that in this case the amount Rs. 5,000/- per month cannot be said to be excessive but is less than sufficient. The revisionist is an able bodied person and the learned trial court took into consideration all these facts and circumstances of the case, the income and liabilities of the husband and then passed the order in question and also directed that the amount received by the wife from other Court for maintenance shall be subjected to adjustment in the present amount, therefore, he is not to make payment of Rs. 9,000/- per month but Rs. 5,000/- per month only after adjustment of smaller amount in the larger amount. On considering the facts and circumstances of the case, submissions made by learned counsel for both the parties as well as learned A.G.A. and perusal of record, the order passed by the learned trial court dated 03.08.2024 and also the orders passed by the learned trial court dated 31.05.2022 under Section 12 Protection of Women from Domestic Violence Act and the learned Appellate Court dated 17.07.2023 under Section 23 Protection of Women from Domestic Violence Act, it appears that the opposite party no. 2 is wife of the revisionist and she is living separate from him due to his neglect. The revisionist works to polish the furniture. There is no any proof on record to assess his income except his own statement i.e. Rs. 7,000/- to Rs. 8,000/- per month. Keeping in view all the facts and circumstances of the case, the income of the husband and his liabilities to maintain his father and other members of the family, the amount of maintenance is liable to be reduced to Rs. 4,000/- per month on the place of Rs. 5,000/- per month from the date of application and any amount received by the opposite party no. 2/wife in the present case or in any other case shall be subjected to adjustment in the amount of maintenance. Accordingly, this criminal revision is partly allowed with modification to the extent of amount of maintenance of Rs. 4,000/- per month from Rs. 5,000/- per month from the date of application and shall be subjected to adjustment in any amount being received by the opposite party no. 2/wife as interim maintenance/maintenance in the present case or in any other case. However, 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. Order Date :- 6.5.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad