Neutral Citation No. - 2025:AHC:117547 Court No. - 79 Case :- CRIMINAL REVISION No. - 869 of 2025 Revisionist :- Anurag Mishra Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Jitendra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. List revised. 2. None appeared on behalf of the revisionist to press this revision. 3. Shri Neelkant Upadhyay, learned AGA for the State respondents is present. 4. This is a case where opposite party no.2 happens to be the wife of the revisionist and due to matrimonial discord, opposite party no.2 had left the matrimonial home and filed an application under Section 125 Cr.P.C. seeking maintenance from her husband in which the Family Court vide order dated 26.11.2024 has granted interim maintenance of Rs.4000/- per month to opposite party no.2, wife, which has been assailed by means of this revision. 5. This revision has been filed by the applicant for quashing the impugned order dated 26.11.2024 on the ground that the said order has been passed without considering the fact that the revisionist is only a skilled labour and without appreciating the evidence adduced by the revisionist, hence, the impugned order is bad in the eyes of law. 6. Learned A.G.A. contends that there is no illegality, impropriety or infirmity in the order passed by the court below, hence, no interference is required by this Court in the impugned order. He further pointed out that till date the revisionist has not paid the maintenance amount and has preferred the instant revision before this Court with sole intention to delay or avoid the payment of interim maintenance amount. 7. Heard learned AGA, counsel for opposite party no.2 and perused the record. 8. The Hon'ble Supreme Court in the matter of Jabsir Kaur Sehgal v. District Judge Dehradun & Ors. reported in (AIR 1997 SC 3397 has held as follows:- "The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay having regard to his reasonable expenses for his own maintenance and of those he is obliged under the law and statutory but involuntary payments or deductions. The amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and the mode of life she was used to when she lived with her husband and also that she does not feel handicapped in the prosecution of her case. At the same time, the amount so fixed cannot be excessive or extortionate." 9. The Hon'ble Supreme Court in Chaturbhuj v. Sita Bai reported in AIR 1978 SC 1807 it has held that:- "Section 125 CrPC is a measure of social justice and is specially enacted to protect women and children and as noted by this Court in Captain Ramesh Chander Kaushal v. Veena Kaushal[15] falls within constitutional sweep of Article 15(3) reinforced by Article 39 of the Constitution of India. It is meant to achieve a social purpose. The object is to prevent vagrancy and destitution. It provides a speedy remedy for the supply of food, clothing and shelter to the deserted wife. It gives effect to fundamental rights and natural duties of a man to maintain his wife, children and parents when they are unable to maintain themselves." 10. In view of the aforesaid proposition of law laid down by the Hon'ble Apex Court, the facts and circumstances of the case suggest that filing of this revision is nothing but an abuse of process of law, and there is no merit in this revision. 11. It seems that the instant proceedings have been initiated with the sole intention not to pay the maintenance amount or it has been filed just to delay the payment of maintenance amount to the wife. 12. The instant revision is, accordingly, dismissed. 13. The trial Court is further directed to decide the application of opposite party no.2 filed under Section 125 Cr.P.C. expeditiously on merits and in accordance with law, preferably within a period of three months from the date of production of a certified copy of this order. Order Date :- 18.7.2025 S.P. Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad