Neutral Citation No. - 2025:AHC:106991 Court No. - 84 Case :- CRIMINAL REVISION No. - 1311 of 2025 Revisionist :- Mohammad Akram Raza Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Mohammad Farooque Ansari Counsel for Opposite Party :- Atul Kumar Singh,G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned counsel for the opposite party alongwith learned A.G.A. for the State and perused the record. The present criminal revision has been filed with prayer to allow this revision and set aside the judgment and order dated 19.02.2025 passed by Additional Principal Judge (Family Court) Court No.2, Aligarh in Case No.129 of 2022 (Smt. Azra Fatima vs. Mohammad Akram Raza) allowing interim maintenance application directing revisionist to pay interim maintenance at the rate of Rs.5000/- per month date of application and also prays to stay the effect and operation of the order dated 19.02.2025. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is his wedded wife who started living separate from him without sufficient cause and filed application u/s 125 Cr.P.C. before the learned trial court with an application for interim maintenance which was decided by the learned trial court by order dated 19.02.2025 fixing the amount of maintenance Rs.5000/- per month from the date of application which is excessive and beyond the paying capacity of the revisionist. Further submitted that the revisionist has no regular income but works as labourer and makes earning of Rs.5000-6000/- per month only, out of which he is unable to make payment of maintenance, therefore, request to set aside the order passed by the learned trial court and allow the revision. Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and contended that in this case the revisionist subjected the opposite party no.2 to cruelty as a result she started living separate from him and filed application for maintenance on which the revisionist filed his objections showing that he has pronounced talak against the opposite party no.2 and not ready to keep her as wife. The revisionist works as computer operator in Sonipat in private company but for the purpose of payment of amount of maintenance to the wife he concealed his job and stated himself to be labourer. The learned trial court has fixed the income of the revisionist Rs.13186/- per month on the basis of skilled labourer out of which Rs.5000/- per month to the wife cannot be said to be excessive but this revision being devoid of merit is liable to be dismissed. Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties, perusal of record, the order dated 19.02.2025 passed by the learned trial court, the contention of the opposite party no.2 made in the application u/s 125 Cr.P.C. and of the revisionist in his objections, it appears that the opposite party no.2 is wedded wife of the revisionist who is living apart from him due to neglect on his part. From the objections of the revisionist he has given talak to the opposite party no.2 and she is living apart. As per the statement of opposite party no.2 revisionist was working as computer operator in private company in Sonipat and earning Rs.22,000/- per month though he denied the fact on which learned trial court has decided his income as skilled labourer at the rate of Rs.13186/- per month which cannot be said to be illegal where the husband is able bodied person and is under obligation to maintain his wife. The amount of Rs.5000/- per month in favour of the wife cannot be said to be excessive or more than paying capacity of the husband even though he is working as skilled labourer. In this way, there is no any illegality or impropriety in the order dated 19.02.2025 passed by the learned trial court but this revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is, hereby, dismissed. Order Date :- 8.7.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad