Neutral Citation No. - 2025:AHC:84354 Court No. - 79 Case :- CRIMINAL REVISION No. - 5516 of 2024 Revisionist :- Om Shakti Mishra Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Brijesh Kumar Mishra,Sr. Advocate,Vinayak Varma Counsel for Opposite Party :- Aditya Sharma,G.A.,Rajneesh Sharma,Tarun Kumar Mishra,Virendra Singh Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist, Sri Rajneesh Sharma, learned counsel for the opposite party no.2 as well as learned A.G.A. for the State and perused the material on record. This criminal revision has been filed by the revisionist with a prayer to set aside the impugned judgment and order dated 14.08.2024 passed by learned Additional Principal Judge, Family Court, Court no. 3, Deoria in Maintenance Case No.38 of 2020 (Alka Tiwari Vs. Om Shakti Mishra) under Section 125 Cr.P.C. Police Station Bhaluani, District Deoria. 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 to him in the year, 2019. It is further submitted that she had illicit relation with Abhay Yadav and she used to chat with him. This habit was objected by the revisionist, on which, she started misbehaving. He further submits that on a day, the revisionist went out from the house on the pretext of going to Allahabad but returned after a while, he found Abhay Yadav present in the bedroom, which was locked from inside. When he objected, Abhay Yadav went away but due to pressure of society, he did not take any action. On query, she disclosed the fact that she loved Abhay Yadav but her marriage was performed with the revisionist by the parents under pressure. Later-on, she threatened the revisionist to ruin his life and also started making allegation against him that he has illicit relation with his Bhabhi and she went with her father to her Maika and filed this application under Section 125 Cr.P.C. though she is not entitled for maintenance as being living in adultery. He further submits that the amount fixed by the learned trial court i.e. Rs.30,000/- per month as maintenance is excessive and beyond his paying capacity, therefore, liable to be reduced as being disproportionate to his income. Learned counsel for the opposite party no.2 opposed the prayer as aforesaid and contended that the revisionist has illicit relations with his Bhabhi on which, the opposite party no.2 made objection but she was beaten and subjected to harassment and was expelled from the Sasural that was the reason, she was compelled to live in her Maika. For the purpose of avoiding the responsibility, the revisionist has made false allegations of adultery against her though there is no any such proof. She neither knew Abhay Yadav nor made any chatting with him. He further submits that additional demand of dowry was also made by the father of the revisionist, which was fulfilled any how by the father of the opposite party no.2 and amount of Rs.5,00,000/- was transferred in his account. He further submits that the revisionist, without taking divorce from the opposite party no.2 entered into second marriage out of which there is an issue. This fact has been admitted by the revisionist and also by his father during the course of proceedings before the learned trial court. The second marriage was performed on 24.05.2021 with Shalini though she tried to get the second marriage not performed because she was willing to live with her husband but second marriage was performed by the revisionist with the help of his father and other members of his family. So far as the income of the revisionist is concerned, he owns a truck bearing No.UP57 T 8096. A business of sand is also operated by his father in which he participates and truck is used in transportation of mine and minerals. There is a Surti Bhandar and also a business of wine in Sonu Ghat, Deoria operated by the revisionist. This shows that the revisionist has sufficient sources of income and the opposite party no.2 was living with her in the same status as a result she is also entitled for the amount of maintenance according to the status of husband and wife. Learned trial court considered all these facts while passing order dated 14.08.2024 and fixed the amount as per status of the wife of the revisionist. Lastly he agreed to reduce the amount to extent of Rs.25,000/- per month in favour of wife on which, learned counsel for the revisionist is also willing. On considering the submissions made by the learned counsel for the parties, perusal of record and the order passed by the learned trial court, it appears that opposite party no.2 is wedded wife of the revisionist, who was married in the year, 2019. There is nothing on record to show that the opposite party no.2 was living in adultery or in illicit relation with some Abhay Yadav except oral allegation of the revisionist himself. The opposite party no.2 is living separate from her husband in her Maika due to neglect and misbehavior on his part. Without any decree of divorce from wife/opposite party no.2, the revisionist has entered into second marriage and now he has a child. This fact of second marriage and child has also been admitted by the revisionist and his father before the learned trial court. Undoubtedly the marriage with opposite party no.2 still being in existence, the revisionist has entered into second marriage illegally. There is a truck bearing No.UP57 T 8096 and also a business of sand and minerals being operated by father and the revisionist with other business of Baba Surti Bhandar and wine. In this way, the revisionist cannot be said to be not in a position to make payment of maintenance to his wife. So far as the amount is concerned, both the parties are agreed to reduce the amount to the extent of Rs.25,000/- from Rs.30,000/- per month, therefore, the amount of Rs.30,000/- is reduced to the extent of Rs.25,000/- per month payable from the date of application. Accordingly, this criminal revision is partly allowed. Order Date :- 20.5.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad