Neutral Citation No. - 2025:AHC:84053 Court No. - 79 Case :- CRIMINAL REVISION No. - 4956 of 2024 Revisionist :- Surya Prakash Yadav Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Giri Ram Rawat,Indra Deo Mishra,Mrityunjay Singh,Shri Ram (Rawat) 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 record. This criminal revision has been filed by the revisionist with prayer to set aside the impugned judgment and order dated 28.08.2024 passed by the learned Additional Principal Judge, Family Court no. 03, Allahabad in Maintenance Case No. 419 of 2015 (Smt. Sheela Devi and another Vs. Surya Prakash Yadav), under Section 125 Cr.P.C., Police Station Utrao, District Allahabad by which interim maintenance has been allowed at the rate of Rs. 6000/- per month to the minor daughter. It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 is minor daughter of the revisionist. The mother of the opposite party no.2 was wedded to him in the year 2010. Later on, she left her house without any reasonable and sufficient cause and entered into marriage with one Girja Shankar. She took opposite party no. 2 with her and she is also living there. The learned trial court has dismissed the application u/s 125 Cr.P.C. to the extent of wife but allowed to the extent of opposite party no. 2/minor daughter and fixed the amount of maintenance Rs. 6000/- per month from the date of application which is beyond paying capacity of the revisionist. He is ready to maintain his minor daughter but the amount is excessive as he works in Vishal Mega Mart Company as labour and gets nominal salary out of which Rs. 6000/- per month are more and disproportionate, therefore, request to reduce the amount and divide the arrears of maintenance from the date of application to the date of order in easy installments. Learned A.G.A. opposed the prayer as aforesaid and contended that in this case, the revisionist was working as manager in Vishal Mega Mart and getting salary Rs. 60,000/- as stated by the wife. The revisionist has not disclosed his income only to avoid his liability for paying maintenance. The learned trial court has acted on the guesswork regarding his income and fixed the amount for maintenance of the minor child. From the year 2015, he has not paid any money to her for maintenance and educational expenses. Now she is studying in class 8th and her expenses are not being borne by the revisionist either for maintenance or for her education. If the wife entered into marriage with other person the liability of maintenance of the minor child on the revisionist cannot be shifted to them but it is on his shoulder. Admittedly the opposite party no. 2 is daughter. Rs. 6000/- per month cannot be said to be excessive or more than sufficient for the maintenance of minor child and educational expenses to be incurred by her. 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 admittedly the opposite party no. 2 is minor daughter of the revisionist who is living with her mother said to have married with one Girja Shankar. The liability to maintain the minor daughter and to bear the educational expenses rests on her father/revisionist. Now she is studying in class 8th and the revisionist is not making payment of any amount to her. The learned trial court has fixed the amount of maintenance Rs. 6000/- per month in favour of minor child till she attains majority on the basis of guesswork. The amount so fixed cannot be said to be excessive or more than sufficient for maintenance of minor daughter and expenses on her education. In this way, 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 expedient to divide it into equal 24 monthly installments which shall be payable with current amount of maintenance month to month. Accordingly, the present revision is disposed of at the admission stage. Order Date :- 20.5.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad