Neutral Citation No. - 2025:AHC:84640 Court No. - 79 Case :- CRIMINAL REVISION No. - 5377 of 2024 Revisionist :- Gaurav Gupta Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Siddharth Singh 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 order dated 05.08.2024 passed by the learned Additional Principal Judge, Family Court, Court No.2, Muzaffar Nagar in Case No.386 of 2021 (Smt. Priti Vs. Gaurav Gupta), under Section 125 Cr.P.C., Police Station Khatauli, District Muzaffar Nagar. It is submitted by learned counsel for the revisionist that in this case, the opposite party no.2 is wife of the revisionist. The opposite party no.2 was wedded to some other person from whom he got decree of divorce under Section 13-B of Hindu Marriage Act and by concealing this fact, she married with the revisionist in the year, 2020. Later-on, she without any sufficient cause left her and started living separate. She also agreed to file a petition under Section 13-B of Hindu Marriage Act for divorce from the revisionist and received Rs.40,000/- in the form of demand draft even though she did not comply with the agreement and did not file the petition under Section 13-B of Hindu Marriage Act. This shows wrong conduct of opposite party no.2. The revisionist himself has filed a petition under Section 13 of Hindu Marriage Act that is still pending before the learned family court. An application under Section 125 Cr.P.C. was filed by the opposite party no.2 for maintenance in which, an interim maintenance application was also filed, which was allowed and he continued to pay Rs.3000/- per month as interim maintenance but now the application has finally been decided vide order dated 05.08.2024 and amount for maintenance has been fixed Rs.3500/- per month from the date of application without considering other liabilities of the revisionist related to the maintenance of his old mother and divorced sister, therefore, request to set aside the order passed by the learned trial court under Section 125 Cr.P.C. dated 05.08.2024 or to reduce the amount of maintenance. Learned A.G.A. opposed the prayer as aforesaid. On considering the facts and circumstances of the case, submissions made by learned counsel for the parties as well as learned A.G.A., perusal of record and order passed by the learned trial court, it appears that opposite party no.2 is wife of revisionist, who is living separate from him. She has stated that the mother and sister of the revisionist were making pressure on her for additional demand and he also used to beat her and also subjected her to harassment that was the reason, she started living separate from him. He did not provide any amount to her for maintenance or expenses. It shows neglect on the part of the revisionist and due to this reason, the wife is living separate from him. She has no any source of income and is not able to maintain herself. Though it is stated on the part of the revisionist that she is working in M.I.B.M. Call Centre and in other marketing company but there is nothing on record to show that she is working as such and making income. The revisionist being husband of opposite party no.2 is under legal obligation to maintain her unless the case comes within the purview of provisions as contained under Section 125(4) & (5) Cr.P.C.. The amount of Rs.3500/- as fixed by learned trial court in favour of wife cannot be said to be excessive or more than sufficient. On the ground of unemployment, he cannot absolve himself from his liability to maintain his wife. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court seeking interference by this Court. Accordingly, the present revision is dismissed at the admission stage. Order Date :- 20.5.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad