Neutral Citation No. - 2025:AHC:66153 Court No. - 79 Case :- CRIMINAL REVISION No. - 856 of 2025 Revisionist :- Azhar Khan Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rajiv Chowdhury Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Sri Tej Pratap Singh, Advocate holding brief of Sri Sanjay Kumar Singh, learned counsel for the opposite party no.2 who appeared and submits that he has filed his vakalatnama in the registry yesterday. Heard learned counsel for the revisionist as well as learned counsel for the opposite party no.2 alongwith learned A.G.A. and perused the material on record. The present criminal revision has been filed with prayer to set aside the judgment and order dated 15.01.2025 passed by Additional Principal Judge, Family Court No.3, Varanasi in Case No.1232 of 2024 (Rozi Bano alias Isha vs. Azhar Khan) in the interim maintenance application of the opposite party no.2 and also dismissed the case filed by opposite party no.2 u/s 144 of B.N.S.S. (125 Cr.P.C.) It is submitted by learned counsel for the revisionist that in this case the opposite party no.2 is wife of the revisionist who works as an advocate. Further submitted that the wife of the revisionist is living separate from him without any reasonable excuse and filed an application u/s 125 Cr.P.C. against him with an application for interim maintenance which has been allowed by the learned trial court by order dated 15.01.2025 fixing the amount Rs.5000/- per month as interim maintenance which is in excess in comparison to the income of the revisionist. Further submitted that he is junior counsel and not in a position to make payment of amount of Rs.5000/- per month to the wife, therefore, request to reduce the amount. Learned counsel for the opposite party no.2 opposed the prayer as aforesaid and contended that the revisionist works as an advocate and filed I.T.R. for the year 2020-21 & 2022-23 showing his income Rs.3,12,000/- & 4,25,480/-. After filing present application u/s 125 Cr.P.C. by the wife he filed the I.T.R. in the year 2023-24 and 2024-25 showing his income Rs.82,300/- & Rs.74,700/- for frustrating the claim of the wife. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned counsel for the opposite party no.2, perusal of record, the income of the revisionist as shown in the order on the basis of I.T.R. filed by him the amount of Rs.5000/- cannot be said to be in excess in view of the status of the husband and wife. There appears no any illegality or impropriety in the order passed by the learned trial court but this revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is dismissed at the admission stage itself. Order Date :- 29.4.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad