HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION DEFECTIVE No. - 1955 of 2025 Court No. - 88 HON'BLE VINOD DIWAKAR, J. Order on Criminal Misc. Delay Condonation Application 1. Heard learned counsel for the revisionist and perused the material available on record. 2. The instant application has been filed seeking condonation of delay in filing the present criminal revision against the judgment and order dated 24.04.2025 passed by the learned Principal Judge, Family Court, Mirzapur. 3. The cause shown for the delay in preferring the revision appears to be bona fide and satisfactory. 4. Accordingly, the delay in filing the revision is hereby condoned. The delay condonation application stands allowed. Order on Criminal Revision 5. The instant criminal revision has been preferred challenging the judgment and order dated 24.04.2025 passed by the learned Principal Judge, Family Court, Mirzapur, in Criminal Case No. 510 of 2019, titled Smt. Vidyawati @ Neha Prajapati v. Braj Kishor, under Section 125 Cr.P.C., Police Station Katra, District Mirzapur. By the said order, the learned Family Court allowed the petition filed by the opposite party no.2 (wife) and awarded maintenance to the tune of Rs.8,000/- per month in her favour. 6. Brief facts of the case, as borne out from the record, are that the marriage between the revisionist and the opposite party no.2 was solemnized on 10.06.2019 in accordance with Hindu rites and ceremonies. It is alleged that substantial dowry and household articles were given at the time of marriage, Versus Counsel for Revisionist(s) : Ajay Kumar Vashistha Counsel for Opposite Party(s) : G.A. Braj Kishor .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) but soon thereafter, the in-laws of the opposite party no.2 expressed dissatisfaction and began demanding additional dowry, specifically cash and a Dzire car. Upon refusal to meet these demands, the opposite party no.2 was subjected to physical and mental cruelty and was ultimately forced out of her matrimonial home on 09.08.2019. 7. Learned counsel for the revisionist has assailed the impugned order primarily on the ground that the opposite party no.2 has been living separately from the revisionist without any sufficient cause. It is submitted that under Section 125(4) Cr.P.C., a wife who is living in adultery or is voluntarily residing separately without just cause is not entitled to maintenance. It is contended that the learned Family Court failed to appreciate the evidence on record and passed the impugned order in a mechanical and arbitrary manner. 8. Having considered the submissions of the learned counsel for the revisionist and upon perusal of the material on record, finds no cogent ground to interfere with the findings recorded by the Family Court. No evidence has been placed by the petitioner-husband in support of his contentions, mere allegation cannot substitute valid evidence. It is evident that the revisionist is a government employee serving as a Sub-Inspector in the Uttar Pradesh Police and is financially capable of maintaining his wife. The Family Court has rightly appreciated the facts and circumstances of the case and awarded a reasonable amount of maintenance. 9. In view of the above, this Court does not find any illegality, infirmity, or perversity in the impugned order warranting interference in exercise of revisional jurisdiction. The revision is devoid of merit and is, accordingly, dismissed. 10. However, in the interest of justice, it is directed that the learned Principal Judge, Family Court, Mirzapur, shall take effective steps for execution of the maintenance awarded vide order dated 24.04.2025. The salary of the revisionist, who is employed in the Uttar Pradesh Police as Sub-Inspector, may be attached for recovery of the arrears and future maintenance, in accordance with law, and in the light of the judgment rendered in Rajesh Babu Saxena v. State of U.P. and another, 2024 SCC OnLine All 2260. 11. Let a copy of this order be transmitted forthwith to the learned Principal Judge, Family Court, Mirzapur, for immediate and effective compliance. October 17, 2025 Anil K. Sharma CRLRD No. 1955 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad