Court No. - 79 Case :- CRIMINAL REVISION No. - 5703 of 2024 Revisionist :- Chirag Pandey Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Babita Shukla,Ram Prakash Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for both the parties and perused the record. This criminal revision has been filed by the revisionist with a prayer to allow this revision and quashed the order dated 25.7.2024 passed by Additional Principal Judge, Family Court-Ist, Jaunpur in Case No.250 of 2019 (Smt. Pooja Vs. Chirag), under section 125 Cr.P.C, Police Station Saraikhwaja, District Jaunpur. It is submitted by the learned counsel for the revisionist that in this case the opposite party No.2 is wedded wife of the revisionist but living separate from him without any reasonable excuse from the year 2019. The revisionist is an unemployed person and makes no any income.Learned trial court has fixed the amount of maintenance Rs.4000/- per month from the date of application on the place of date of order which is in excess of his paying capacity. It is also submitted that the amount of maintenance be reduced to Rs.3000/- on the place of Rs.4000/- It is also submitted that the amount of arrears of maintenance will be divided into easy instalments for the purposes of easy payment on the part of the revisionist. In this way the order passed by the learned trial court dated 25.7.2024 is illegal and impropriety, therefore, request to set aside the impugned order and reduce the amount. 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 revisionist as well as learned A.G.A, perusal of record and the order passed by the learned trial court dated 25.7.2024, it appears that in this case the opposite party No.2 is wife of the revisionist who is living separate from him on account of neglect on his part. The revisionist is an able bodied person and cannot be said to be unable in making income. Though the allegation was made that she was living an immoral life but there is nothing on record to show that she was living in adultery. The learned trial court has considered all the allegations and evidence on record and then passed the order in question. Rs.4000/- as monthly maintenance cannot be said to be in excess and more than sufficient for maintenance of wife. In considered opinion of this Court, there is no any illegality or impropriety in the order passed by learned trial court, therefore, it does not warrant any interference by this Court. So far as the payment of arrears of maintenance from the date of application to the date of order is concerned, it is expedient to divide the amount of arrears of maintenance from the date of application to the date of order in 18 equal instalments that will be paid with current amount of maintenance. Accordingly, this revision is disposed off finally. Order Date :- 22.4.2025 G.S Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad