Neutral Citation No. - 2025:AHC:85443 Court No. - 79 Case :- CRIMINAL REVISION No. - 1047 of 2025 Revisionist :- Pankaj Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Vijay Kumar Shukla 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 record. This Crl. Revision has been filed by the revisionists with a prayer to allow the criminal revision and to set aside the order dated 31.01.2025 passed by learned Principal Judge, Family Court, Sonbhadra in Criminal Misc. Case No.188 of 2021(Neelu Vs. Pankaj) under section 125 Cr.P.C, Police Station Rabertsganj, District Sonbhadra. It is submitted by the learned counsel for the revisionist that in this case the opposite party No.2 is wife of the revisionist who is living apart from him without any sufficient cause. He further submits that the opposite party No.2 is suffering from mental disorder and is incapable of discharging and performing marital obligation and duties. This fact was concealed at the time of marriage. In this way the marriage cannot be said to be valid. He further submits that the learned trial court did not consider the financial condition of the revisionist who works as labourer and is incapable to earn and make income, even though it has fixed the amount of maintenance Rs.3000/- per month from the date of order and Rs.1500/- per month from the date of application which is more than paying capacity of the revisionist and request to reduce the amount so fixed by the learned trial court. Learned A.G.A opposed the prayer as aforesaid. Considering the facts and circumstances of the case, submissions made by the 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 opposite party No.2 is wedded wife of the revisionist who was married in the year 2020. As per allegation of the wife, there was demand of dowry and harassment on the part of the husband and other members of his family, as a result she suffered mental disorder and is under going treatment. The revisionist has not given any money for her maintenance or treatment which shows neglect on his part. He is able bodied person and is under obligation to maintain his wife living apart from him. The revisionist himself has admitted before the learned trial court that he is labourer and has agricultural land, house of three rooms and also having three shops. In this way the revisionist cannot be said to have no income. The amount of Rs.3000/- per month in favour of wife as maintenance can also not be said to be in excess or more than sufficient. Likewise maintenance Rs.1500/- per month from the date of application cannot be said to be excessive and beyond paying capacity of the revisionist. In this way, the order passed by learned trial court dated 31.1.2025 warrant no interference by this Court. Accordingly, the Criminal Revision is hereby dismissed. Order Date :- 20.5.2025 G.S Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad