HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5533 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 by setting aside the impugned recovery warrant dated 02.08.2025 passed by Principal Judge, Family Court, Gautam Budh Nagar in Criminal Misc. Case No.542 of 2025 (Vaishali vs. Narendra Bhati) under Section 144(3) of B.N.S.S. and judgment and order dated 09.04.2025 passed by Principal Judge, Family Court, Gautam Budh Nagar in Criminal Misc. Case No.702 of 2024 (Vaishali vs. Narendra Bhati) under Section 144 of B.N.S.S., Police Station Ecotech, District Gautam Budh Nagar. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is wife with whom he was married in the year 2003 and from the wedlock a daughter was born in the year 2020. She was never subjected to torture and harassment by the revisionist but from the month of July, 2023 she started living in her maika and moved an application for maintenance u/s 125 Cr.P.C. and application for interim maintenance which was decided by order dated 09.04.2025 fixing the amount of Rs.10,000/- per month as interim maintenance from the date of application. Further submits that the learned trial court has directed to make payment of amount of maintenance from the date of application on the place of date of order, therefore, request to modify the order and to direct to make payment of amount of arrears from the date of order on place of from the date of application. Learned A.G.A. opposed the prayer as aforesaid. Versus Counsel for Revisionist(s) : Anil Kumar Jaiswal Counsel for Opposite Party(s) : G.A. Narendra Bhati .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) 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 09.04.2025, it appears that admittedly the marriage between the parties was performed in the year 2003 and a daughter was born in the year 2020. Due to misbehaviour on the part of the revisionist she was compelled to leave her sasural and she started living in her maika from the month of July, 2023. The wife has also made allegations that revisionist has married with some other lady namely Komal in the year 2023 and is living with her in Delhi having a daughter also. The revisionist operates business of building material under the name of Shiv Shakti Builders and makes handsome income. The amount so fixed by the learned trial court as interim maintenance cannot be said to be excessive or more than sufficient and 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 or interim maintenance is to be awarded from the date of application and not from the date of order. In this way, the direction for payment of amount of interim maintenance from the date of order cannot be said to be lawful but learned trial court has passed the order in proper manner and in accordance with the observations made by the Hon'ble Supreme Court in the aforesaid case and does not warrant interference by this court, therefore, this revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is dismissed. September 24, 2025 Ashok Gupta CRLR No. 5533 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad