HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5554 of 2025 Court No. - 84 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 prayer to allow the revision and set aside the judgment and order dated 11.08.2025 passed by Additional Principal Judge, Family Court, Moradabad in Criminal Misc. Case No.603 of 2020 (Smt. Akbari Begum vs. Raish Ahmad) under Section 125 Cr.P.C., Police Station Katghar, District Moradabad as well as order dated 11.03.2022 passed by Additional Principal Judge, Family Court, Moradabad in Criminal Misc. Case No.603 of 2020 and also prays to stay the effect and operation of the order dated 11.08.2025 as well as order dated 11.03.2022. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is first wife of the revisionist who is living separate from him. He further submits that the marriage was performed in the year 1980 and from the year 1999 she is living apart from him. The revisionist entered into second marriage and have children. She did not file any case for maintenance against him but after long gap she filed an application u/s 125 Cr.P.C. for maintenance in the year 2020 which was decided by learned trial court by order dated 11.03.2022 fixing the amount of maintenance Rs.5000/- per month. Since the order was ex-parte as a result the application u/s 126 (2) Cr.P.C. was moved which was allowed by the learned trial court and again the case was decided by order dated 11.08.2022 fixing the amount of maintenance Rs.3000/- per month from the date of application and amount of arrears was directed to be paid in 24 installments from the date of Versus Counsel for Revisionist(s) : Aqueeq Ahmad, Meraj Ahmad Khan Counsel for Opposite Party(s) : G.A. Raish Ahmad .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) application to the date of order. Further submits that the revisionist has no any regular source of income and he has liability to maintain his second wife and children and he is also an old man, therefore, he is not in a position to make payment of the amount of maintenance fixed by the learned trial court from the date of application, therefore, request to set aside the order dated 11.08.2025 and direct him to make payment from the date of order on the place of date of application. 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 dated 11.08.2025 passed by the learned trial court, it appears that the revisionist and the opposite party no.2 were married in the year 1980 and later on due to neglect on the part of the revisionist since he entered into second marriage in the lifetime of opposite party no.2 she started living separate from him. No any amount was given by him to the opposite party no.2 for her maintenance though she has no any source of income and is not able to maintain herself. The learned trial court has fixed the amount of maintenance Rs.3000/- per month from the date of application in favour of wife/opposite party no.2. It cannot be said to be illegal since as per the observations made by the Hon'ble Supreme Court in the case of Rajnesh vs. Neha and another (2021) 2 SCC 324 the amount of maintenance is to be fixed from the date of application not from the date of order. Learned trial court has already granted relaxation in favour of the revisionist to make payment of arrears of maintenance from the date of application to the date of order in 24 equal installments with current amount of maintenance. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court but this revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is dismissed. September 24, 2025 Ashok Gupta CRLR No. 5554 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad