Neutral Citation No. - 2025:AHC-LKO:3915 Court No. - 16 Case :- CRIMINAL REVISION No. - 76 of 2025 Revisionist :- Tarun Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Revisionist :- Prabhaat Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the revisionist and learned A.G.A. for the State-respondent. 2.In view of the proposed order being passed, notices to respondent No.2 is dispensed with. 3.This revision has been filed against the order dated 16.11.2024 passed by Additional Principal Judge-IV, Family Court, Gonda in Maintenance Case No.151 of 2019. 4.Learned counsel for the revisionist submits that revisionist is a MANREGA labourer and is not employed throughout the month. Revisionist is very meager sources of income and he is incapable of providing maintenance amount directed by the learned court below. He also submits that there are various contradictions in the statement of the witnesses produced by the respondent No.2. 5.Perused the record. 6.A perusal of the record shows that it is not disputed that the revisionist is the husband of respondent No.2. Record further shows that while deciding the issue No.1 the court while going through the material available on record has given a finding that respondent No.2 was subjected to demand of dowry and cruelty and therefore, she is residing away from the revisionist for a sufficient cause. Respondent No.2 is incapable of maintaining herself. On the other hand, revisionist has adequate means to maintain respondent No.2. Learned court below has relied on the judgment of Hon'ble supreme Court namely Rajathi vs. C. Ganeshan reported in AIR 1999 SC 2374 and Sameema Faruqui vs. Shahid Khan reported in [(2015) 90 ACC 43(SC)] wherein it has been held that even the revisionist is not having adequate sources of income he is bound to maintain his wife and children if he is maintaining a good health. 7.In the recent judgment of Anju Garg and another vs. Deepak Kumar Garg passed by Hon'ble Supreme Court in Criminal Appeal No.1693 of 2022, the Hon'ble Supreme Court has held that the husband being an able-bodied, he is obliged to earn by legitimate means and maintain his wife and the minor child, emphasis is on para 13 of the judgment which is extracted below:- "(13) Though it was sought to be submitted by the learned counsel for the respondent, and by the respondent himself that he has no source of income as his party business has now been closed, the Court is neither impressed by nor is ready to accept such submissions. The respondent being an ablebodied, he is obliged to earn by legitimate means and maintain his wife and the minor child. Having regard to the evidence of the appellant- wife before the Family Court, and having regard to the other evidence on record, the Court has no hesitation in holding that though the respondent had sufficient source of income and was able-bodied, had failed and neglected to maintain the appellants. Considering the totality of facts and circumstances, we deem it proper to grant maintenance allowance of Rs.10,000/- per month to the appellant-wife, over and above the maintenance allowance of Rs. 6,000/granted by the Family Court to the appellant no. 2-son." 8.The case in hand, there is nothing on record to suggest that revisionist is not having a good health on the contradictory in para 58 of the impugned order there is a finding that revisionist is a healthy person and thus, considering these aspects, the learned trial court has awarded maintenance of Rs.2,000/- per month from the date of filing of application under Section 125 Cr.P.C. and Rs.3,000/- from the date of the order. 9.In view of above, having due regard to the submissions advanced so also the judgment passed by Hon'ble Supreme Court in the case of Anju Garg (supra) and the finding arrived by the learned court below, I do not find any illegality in the order impugned. The revision being devoid of merits and is accordingly dismissed. Order Date :- 21.1.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench