HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 2323 of 2024 Court No. - 89 HON'BLE MADAN PAL SINGH, J. 1. Heard Sri Mohammad Ayub, learned counsel for the revisionist, Sri Viveka Nand Rai, learned counsel for the opposite party no.2 and learned A.G.A. for the State. 2. This criminal revision has been filed by the revisionist with prayer to set aside the order dated 14.02.2024 passed by the learned Additional Principal Judge, Family Court, Court no. 1, Agra in Criminal Case No. 87 of 2016 (Smt. Yogeshwari Kumari@ Anjana Vs. Yogesh Kumar), whereby the trial court rejected the application under Section 127 Cr.P.C. filed by the revionist and allowed application under Section 125 (4)/(5) Cr.P.C. filed by the opposite party no.2, wherein the maintenance order passed on 19.01.2023 has been rejected. 3. Learned counsel for the revisionist submits that the trial court has not only rejected the application filed by the revisionist under Section 127 Cr.P.C. for enhancement of maintenance but has also arbitrarily allowed the application moved by opposite party no. 2 under Section 125(4)/(5) Cr.P.C. 4. On the other hand, learned counsel for opposite party no. 2 as well as learned A.G.A. submit that the trial court decided both the applications by a common order and allowed the application under Section 125(4)/(5) Cr.P.C. after recording specific findings that the revisionist is living in adultery and has performed remarriage with one Babu Ram. It is further submitted that the findings recorded by the trial court are based on the evidence on record, therefore, the impugned order does not warrant any interference by this Court. 5. Considering the rival submissions of learned counsel for the parties and upon perusal of the record including the impugned judgment, it reflects from pages 16-17 of the impugned judgment that the mother of the revisionist was examined before the trial court. In her statement, she deposed that the marriage of the revisionist was solemnized about 16-18 years ago with one Yogesh Kumar, where she lived for about four months in her matrimonial home. It further transpires from her statement that despite repeated efforts, Versus Counsel for Revisionist(s) : Mohd. Ayub Counsel for Opposite Party(s) : G.A., Viveka Nand Rai Smt Yogeshwari Kumari @ Anjana .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) the revisionist was not willing to return her matrimonial home. 6. The statement of the mother of the revisionist as recorded at page no. 11 of the impugned judgment, further reflects that the revisionist subsequently performed a second marriage with Babu Ram at her own free will. It also emerges from the evidence that prior to such marriage, she was frequently visiting Babu Ram and had expressed that she did not wish to live under any kind of restriction or compulsion and desired to live her life according to her own will. 7. The trial court, after considering the evidence of the mother of the revisionist, has categorically recorded a finding that the revisionist is living in adultery and that she has performed her second marriage with Babu Ram/ Radhey Shyam resident of Gujarpur, Baber Mainpuri. 8. The evidence of the mother of the revisionist constitutes the best evidence in the present case and there appears to be no reason to disbelieve her statement wherein she has herself alleged that her daughter is of bad character and wishes to live a carefree and independent life. 9. The findings recorded by the trial court are based on cogent and reliable evidence and suffer from no illegality or perversity. Accordingly, this Court, in its revisional jurisdiction, finds no reason to take a different view. The conclusion arrived at by the trial court that the revisionist is living in adultery is supported by evidence of her mother, which on record. Hence, the impugned order does not call for any interference by this Court. 10. The criminal revision lacks merit and, is accordingly, dismissed. October 10, 2025 Akbar CRLR No. 2323 of 2024 2 (Madan Pal Singh,J.) Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad