Neutral Citation No. - 2025:AHC:113500 Court No. - 84 Case :- CRIMINAL REVISION No. - 730 of 2025 Revisionist :- Smt. Pallavi Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Nirbhay Kumar 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. and perused the record. This criminal revision has been filed by the revisionist with prayer to set aside the impugned judgment and order dated 28.01.2025 passed by the learned Principal Judge, Family Court, Hathras in the Case No.584 of 2021 (Smt. Pallavi Vs. Pawan Kumar), under Section 125 Cr.P.C., Police Station Mursan, District Hathras. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is her husband. She was subjected to harassment by her husband and other family members that was the reason she started living apart from him in her maika. No any amount of maintenance was provided to her. She filed an application under Section 125 Cr.P.C. before the learned trial court which was decided vide order dated 28.1.2025 fixing the amount of maintenance Rs. 7000/- per month to the wife. Further submitted that he is constable in U.P. Police and gets salary Rs. 34- 35,000/- per month out of which maintenance Rs. 7000/- per month is less than sufficient and disproportionate to the income of opposite party no.2/husband , therefore, request to increase the amount of maintenance to the extent of 1/4th of his net salary. Learned A.G.A. opposed the prayer as aforesaid and contended that in this case, the opposite party no. 2 being husband is under legal obligation to maintain his wife and gets Rs. 35,000/- per month as he admitted during his examination before the learned trial court but he has two unmarried sisters and one unmarried brother and being eldest son, he has also responsibility to maintain them and to bear expenses in relation to the members of the family. The learned trial court has considered all these facts and then fixed the amount of maintenance Rs. 7000/- per month in favour of wife that cannot be said to be disproportionate to the income of the opposite party no.2/husband. Further contended that in case of change of circumstances or increasing salary, she may have an option to move an application under Section 127 Cr.P.C. before the learned trial court. 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 the revisionist is wedded wife of opposite party no. 2 who is working as constable in U.P. Police Department and gets salary Rs. 35,000/- per month. The wife as per her allegation is living separate from the husband due to harassment by the members of his family. The opposite party no. 2 being husband is under legal and moral obligation to maintain his wife who is unable to maintain herself. In addition to this, he cannot avoid his liability and responsibility to care and maintain his younger unmarried sisters and brother. The revisionist herself had admitted that there are two unmarried sisters and unmarried brother with the opposite party no. 2, therefore, he cannot be asked to avoid himself from his moral duty to support his unmarried sisters and brother. He gets salary of Rs. 35,000/- per month out of which the amount of Rs. 7000/- per month in favour of wife cannot be said to be less than sufficient or disproportionate to the total income. The learned trial court has considered all these facts while passing the order in question. Thus, there appears no any illegality or impropriety in the order passed by learned trial court, therefore, it does not warrant interference by this Court as a result this revision being devoid of merit, is liable to be dismissed at the admission stage. Accordingly, the present revision is dismissed at the admission stage itself. Order Date :- 15.7.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad