Neutral Citation No. - 2025:AHC:108347 Court No. - 84 Case :- CRIMINAL REVISION No. - 6667 of 2024 Revisionist :- Subash Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Jitendra 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. for the State and perused the record. The present criminal revision has been filed with prayer to set aside the impugned order dated 13.11.2024 passed by Additional Principal Judge, Family Court, Court No.1, Azamgarh in Case No.662 of 2018 (Shanti Devi vs. Subash) under Section 125 Cr.P.C., Police Station Mehnagar, District Azamgarh by which learned court below enhanced the maintenance amount of the opposite party no.2 to Rs.3000/- per month from the date of filing of the application i.e. 26.07.2018 and also prays to stay the effect and operation of the order dated 13.11.2024. It is submitted by learned counsel for the revisionist that in this case the opposite party no.2 is his wedded wife whose marriage was performed 26 years prior. After 20 days of marriage, she left the house of the revisionist and started living separate from him without any sufficient cause. The revisionist made search about her but she could not be found out. He also submits that his marriage was dissolved with mutual consent according to the local convention and then entered into second marriage with one Prema. He works as priest in temple and makes meagre income out of which he is to maintain his second wife and children. He also submits that the opposite party no.2 was living with some Ram Janm Singh and when he died she filed present application for maintenance against the revisionist in the year 2018 and learned trial court has allowed the application by order dated 13.11.2024 fixing the amount of Rs.3000/- per month as interim maintenance, therefore, request to set aside the order passed by learned trial court and allow the revision. 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 dated 13.11.2024, it appears that admittedly the opposite party no.2 was married to the revisionist and she is his wife. No any decree of divorce was obtained by the revisionist from any competent court but he entered into second marriage and have children from the second wife. There is nothing on record to support the allegation of revisionist that opposite party no.2 was living with Ram Janm Singh in adultery. As per the allegations of opposite party no.2 she was expelled from her sasural by the revisionist that was the reason she started living separate from him and even today she is living in a rented house. There is nothing on record to show that she was living with Ram Janm Singh. The learned trial court has also considered all these facts and recorded its findings in this regard. Since the opposite party no.2 is wedded wife of the revisionist who is living separate from him due to his neglect, therefore, liability to maintain her rests on the revisionist himself. The learned trial court has fixed the amount of Rs.3000/- per month as interim maintenance which cannot be said to be more than sufficient or excessive. Thus, there appears no any ground to make interference in the order passed by the learned trial court but this revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is dismissed at the admission stage itself. Order Date :- 9.7.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad