Neutral Citation No. - 2025:AHC:50256 Court No. - 79 Case :- CRIMINAL REVISION No. - 1617 of 2025 Revisionist :- Abdul Majeed Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Raman Pandey 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 material on record. The present criminal revision has been filed with prayer to allow the revision and set aside the impugned judmgent and order dated 18.02.2025 passed by Principal Judge, Family Court, Basti in Criminal Case No.297/11/2022 Computerized Case No.439 of 2022 (Smt. Nagma Khatoon vs. Abdul Majeed) under Section 125 Cr.P.C., Police Station Sonha, District Basti as well as to stay the effect and operation of the impugned judgment and order dated 18.02.2025. It is submitted by learned counsel for the revisionist that in this case the revisionist is husband of opposite party no.2 who is an unemployed person and makes no earning. The wife is living separately from the husband without any reasonable excuse even though the learned trial court has fixed the amount of maintenance Rs.5000/- per month from the date of order and from the date of application Rs.2000/-. The amount so fixed is in excess to the income of the revisionist who works as a labourer. Further submitted that the opposite party has stated before the learned trial court that buses are being plied by the revisionist which is totally false as there is no any material on record to show the income as stated by the opposite party no.2/wife. It is also submitted that he has already filed a suit against the opposite party no.2 for Restitution of Conjugal Rights which is still pending. The learned trial court has not considered the facts and circumstances of the case and the income of the revisionist and fixed the amount arbitrarily which cannot be said to be lawful but it is illegal, therefore, request to set it aside and allow the revision while reducing the amount of maintenance. 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 learned trial court dated 18.02.2025, it appears that the revisionist and opposite party no.2 are husband and wife. On account of misbehaviour of the revisionist she is living separate from him in her maika, therefore, it cannot be said that there is no any reasonable excuse with the wife to live separate from the husband. On the basis of pendency of the suit for Restitution of Conjugal Rights, it cannot be concluded that there is no reasonable excuse for the wife living separately. So far as the earning of the revisionist is concerned, he is a healthy and able person and there is legal obligation on him to maintain his wife. The amount of Rs.5000/- per month cannot be said to be in excess and more than sufficient. Therefore, 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 at the admission stage. Accordingly, this criminal revision is, hereby, dismissed. Order Date :- 8.4.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad