Neutral Citation No. - 2025:AHC:67806 Court No. - 79 Case :- CRIMINAL REVISION No. - 473 of 2024 Revisionist :- Veeresh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Manish Pandey,Priyanka Tripathi,Rajesh Kumar Vishwakarma Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Supplementary affidavit filed today by learned counsel for revisionist is taken on record. Notice has been served on behalf of opposite party no. 2 but no one has turned up. Heard Sri Rajesh Kumar Vishwakarma, learned counsel for the revisionist as well as learned A.G.A. and perused the material on record. This criminal revision has been filed by the revisionist with prayer to set aside the order dated 05.12.2023 passed by the learned Principal Judge, Family Court, Sambhal at Chandausi in Case No. 136 of 2021 (Smt. Santosh Vs. Veeresh), under Section 125 Cr.P.C., Police Station Bahjoi, District Sambhal. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife who is living separate from her husband in her maika without any reasonable excuse and filed an application u/s 125 Cr.P.C. which was decided by the learned trial court vide order dated 05.12.2023 fixing the amount of maintenance from the date of application to the date of order Rs. 3000/- per month and thereafter Rs. 6000/- per month which is beyond paying capacity of the revisionist. Further submitted that the revisionist was working in Gram Panchayat as Data Entry Operator and getting fixed amount of payment Rs. 6000/- per month but later on due, to mental disturbance he was expelled from Gram Panchayat and now he is unemployed and not in a position to make any income. Further submitted that the murder of younger brother of the revisionist was committed by the father and brother of the wife regarding which a Criminal Case was lodged that was the reason wife went to her maika and for making pressure on the revisionist filed several cases including the present case under Section 125 Cr.P.C. In this way, there is no any neglect or harassment on the part of revisionist against opposite party no. 2 and she cannot be said to be entitled for maintenance from husband. He has filed papers relating to the treatment of the revisionist from neurologist which also show that he is not mentally fit, therefore, request to set aside the order passed by learned trial court and to reduce the amount of maintenance. 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 order passed by learned trial court, it appears that opposite party no. 2 is wife of the revisionist who is living separate in her maika due to neglect on his part. It also transpires that an F.I.R. was lodged by the father of the revisionist against father of wife and her brother under Section 304 IPC for culpable homicide, thereafter the wife went to her maika and started living there but it cannot be said on the basis of lodging of F.I.R. that she has filed present application for maintenance to make pressure on him to enter into compromise in the case under section 304 IPC. On the other hand, it may also not be denied that in relation to the incident as aforesaid the wife was ill treated in her sasural by her husband and other members of his family as a result she went to her maika and living there with her parents. In this way, it cannot be said that there was no any neglect on the part of the husband with wife. So far as the income of the revisionist is concerned record shows that he was earning @ Rs. 6000/- per month in Gram Panchayat but later on, he was expelled from Gram Panchayat and now he is unemployed and undergoing neurological treatment but there is nothing on record to show that he is not in capacity of working. Keeping in view the aforesaid condition of the revisionist, in the considered opinion of this Court the amount of maintenance is reduced to Rs. 3500/- per month from Rs. 6000/- per month from the date of order and the amount of maintenance fixed by learned trial court from the date of application to the date of order shall remain the same. Accordingly, the present revision is partly allowed and the amount of maintenance is modified as aforesaid. Order Date :- 30.4.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad