Neutral Citation No. - 2025:AHC:60062 Court No. - 79 Case :- CRIMINAL REVISION No. - 709 of 2025 Revisionist :- Devendra Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Dinesh 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. for the State and perused the material on record. The present criminal revision has been filed with prayer to allow the revision and set aside the judgment and order dated 23.12.2024 passed by Principal Judge, Family Court, Sambhal in Case No.169 of 2023 (Kamla vs. Devendra) under Section 127 Cr.P.C., Police Station Behzoi, District Sambhal and also prays to stay the impugned order dated 23.12.2024. It is submitted by learned counsel for the revisionist that in this case the opposite party no.2 is first wife of the revisionist who started living separately from him without any reasonable excuse. When she refused to live with him he entered into second marriage and now there are four issues from the second wedlock. It is further submitted that the application u/s 125 Cr.P.C. was allowed by order dated 27.02.1997 by which Rs.2000/- was fixed as monthly amount for maintenance. Thereafter, by order dated 23.11.2024 it was enhanced to Rs.6000/- per month from the date of order. It is also submitted that the revisionist is Siksha Mitra and gets Rs.10,000/- per month as salary for a period of 11 months in the calendar year. The agricultural land was owned by his father though after his death it is in his name and also in the name of his mother. There is no so much income from the agricultural land that can be said to be sufficient to maintain himself, his second wife and four children after giving Rs.6000/- to the first wife/opposite party no.2. The amount enhanced is out of paying capacity of the revisionist, therefore, request to reduce the amount. 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 the order passed by the learned trial court, it appears that the revisionist is Siksha Mitra and gets Rs.10,000/- per month as salary, the opposite party is first wife of the revisionist and she being alive he entered into second marriage and having four children from the second wife. In addition to this, there is agricultural land in the name of the revisionist and also 37 bighas mango grove in which there are three co-sharers out of which he is share holder of one half of one share. The area of agricultural land owned by the present revisionist is also sufficient. The amount Rs.6000/- per month as maintenance for the first wife can also not be said to be excessive and beyond the paying capacity of the revisionist. In this way, the order passed by learned trial court dated 23.12.2024 cannot be said to be illegal and inappropriate but this revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is dismissed at the admissions stage itself. Order Date :- 22.4.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad