Neutral Citation No. - 2025:AHC:113986 Court No. - 84 Case :- CRIMINAL REVISION No. - 210 of 2024 Revisionist :- Abhishek Sharma Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Saurabh Kumar 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. and perused the material on record. This criminal revision has been filed with a prayer to allow the revision and set aside the order dated 05.12.2023 passed by learned Additional Principal Judge, Family Court, Court No. 2, Muzaffar Nagar in Case No. 387 of 2021 upon the application under Section 125 Cr.P.C.and further prays to stay the effect and operation of the aforesaid order. It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 is wife of the revisionist who was married in the year 2020. From the very outset she started harassing the revisionist and members of his family and left her matrimonial house and now she is living in her maika. The opposite party no. 2 filed an application under Section 125 Cr.P.C. against the revisionist with false allegations and this application was allowed by the learned trial court fixing the amount of maintenance Rs. 4,000/- per month. He also submits that at the time of marriage the revisionist was working in Jana Small Finance Bank, Roorke and getting salary Rs. 9,375/- per month now he is unemployed and is not in a position to continue his job due to distress. The amount fixed by the learned trial court Rs. 4,000/- per month is excessive and beyond his paying capacity, therefore, request either to set aside the order passed by the learned trial court or to reduce the amount of maintenance and also submits to divide the amount of arrears of maintenance from the date of application to the date of order in installments for easy payment. 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 05.12.2023, it appears that the opposite party no. 2 is wedded wife of the revisionist who is living separate from him due to neglect. He is able bodied person and is under legal obligation to maintain his wife though living separate with sufficient cause. The opposite party no.2/ the wife has no any income and she is unable to maintain herself, therefore, the learned trial court has allowed the application under Section 125 Cr.P.C. while granting maintenance and fixing the amount Rs. 4,000/- per month in her favour which cannot be said to excessive or more than sufficient. Thus, there appears no any illegality or impropriety in the order passed by the learned trial court dated 05.12.2023 and does not warrant any interference by this Court. So far as the recovery of arrears of the amount of maintenance is concerned that is from the date of application to the date of order, it will be just and proper to divide the amount of arrears of maintenance into twelve equal installments those are to be paid month to month with the current amount of maintenance. Accordingly, this criminal revision is disposed of finally. Order Date :- 15.7.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad