Neutral Citation No. - 2025:AHC:51241 Court No. - 79 Case :- CRIMINAL REVISION No. - 1631 of 2025 Revisionist :- Manish Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sunil Kumar Gaur 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. The present criminal revision has been moved with prayer to quash the order dated 15.02.2025 passed by learned Additional Principal Judge, Family Court No.3, Agra in Case No.359 of 2021 under Section 125 Cr.P.C. (Smt. Bhagya Laxmi @ Dolly vs. Manish Kumar) whereby maintenance of Rs.4000/- per month from the date of application i.e. 24.02.2021 to 14.02.2025 has been awarded and maintenance of Rs.5000/- per month has been awarded from the date of order to opposite party no.2 namely Smt. Bhagya Laxmi @ Dolly in an application under Section 125 Cr.P.C. and allow the revision. It is submitted by learned counsel for the revisionist that in this case revisionist is husband of opposite party no.2 who is living separately from the revisionist without any reasonable excuse and is claiming for maintenance. Further submitted that the revisionist has no any income and as of now he has completed B.Pharma. but degree has not been given to him. He works on a medical shop from where he earns Rs.3500/-only. As interim maintenance he was giving Rs.4000/- but at the time of final decision amount of maintenance was increased to Rs.5000/- which is beyond the capacity of the revisionist, therefore, prays to reduce the amount to Rs.5000/- to Rs.4000/-. The learned trial court did not consider all these facts but passed the order in question, therefore, request to set it aside and allow the revision. 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 opposite party no.2 is wedded wife of the revisionist who is living separately from him on account of mutual dispute between both of them. She made allegations against the revisionist that he abused and misbehaved with her and also asked for Rs.1 lakh from her father as a result she started living in her maika. It also appears that revisionist is young man having completed B.Pharma. and is able to make earning. Legal obligation to maintain the wife rests on him and Rs.5000/- per month as maintenance to the wife cannot be said to be excessive. There appears no any illegality and impropriety in the order passed by learned trial court but the present revision being devoid of merit is liable to be dismissed. However, it is directed that the revisionist shall make payment of amount arrears of maintenance in 12 equal installments alongwith the current amount of maintenance. Accordingly, this criminal revision is, hereby, disposed of at the admission stage itself. Order Date :- 9.4.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad