Neutral Citation No. - 2025:AHC:93440 Court No. - 79 Case :- CRIMINAL REVISION No. - 5616 of 2024 Revisionist :- Anuj Yadav Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Mukti Nath Pandey,Pawan Kumar Shukla 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. for the State and perused the record. The present criminal revision has been filed with prayer to allow this revision and set aside the impugned judgment and order dated 30.07.2024 passed by learned Principal Judge, Family Court, Bulandshahr in Criminal Misc. Case No.1538 of 2022 (Smt. Neeraj vs. Anuj Yadav) under Section 125 Cr.P.C., Police Station Sikandrabad, District Bulandshahr. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is wife of the revisionist. He further submitted that the marriage was performed in the year 2014, thereafter, the opposite party no.2 started misbehaving with the revisionist. Anyhow from the wedlock two issues were born namely Gunnu @ Ganesh and Vansh those are living with the revisionist. Further submits that no any such evidence was adduced by the opposite party no.2 before the learned trial court showing the neglect or misbehaviour on the part of the revisionist with the opposite party no.2. It shows that she is living apart from him in her maika without any sufficient reason. He also submits that a maintenance case u/s 125 Cr.P.C. was already filed but was decided on the basis of compromise between the parties but again she left her sasural and went back to live in her maika and now she is not ready to come to live with the revisionist. All these facts were though taken into consideration by the learned trial court yet the application u/s 125 Cr.P.C. was allowed and the amount of Rs.4000/- per month as maintenance was allowed. In this way, the order passed by the learned trial court dated 30.07.2024 being erroneous and illegal is liable to set aside and the revision to be allowed. Learned A.G.A. opposed the prayer as aforesaid. 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 passed by the learned trial court, it appears that the marriage between both the parties was performed in the year 2014 and from the wedlock two children namely Gunnu @ Ganesh and Vansh were born. She was being harassed by the revisionist but she tolerated sufferings for the sake of her children. On 01.10.2019 she was left in her fathers house by the revisionist. An application u/s 125 Cr.P.C. was filed in this regard before the learned trial court which was registered as Case No.274 of 2020 and it was decided on 11.02.2021 on the basis of compromise and they started living together but again revisionist continued to misbehave with her that was the reason she is living in her maika from the year 2022. Since then no any amount was given by the revisionist to the opposite party no.2 for her maintenance. It shows neglect on the part of the revisionist to maintain his wife who is unable to maintain herself. The revisionist is under legal obligation to maintain is wife having no source of income. It also appears that the revisionist was working in Sri Lanka with his father. He himself stated that in the year 2019 he was getting Rs.15,000/- to Rs.16,000/- per month and spent Rs.7000/- to Rs.8000/- per month on education of his children. Learned trial court after taking into consideration all these facts fixed the amount of Rs.4000/- per month in favour of wife as maintenance which cannot be said to be excessive or more than sufficient, therefore, the order dated 30.07.2024 cannot be said to be erroneous or inappropriate and does not warrant any interference by this Court. However, it is directed that the revisionist shall make payment of amount of arrears of maintenance in 12 equal installments payable with the current amount of maintenance. Accordingly, this criminal revision is disposed of at the admission stage itself. Order Date :- 30.5.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad