Neutral Citation No. - 2025:AHC:4671 Court No. - 80 Case :- CRIMINAL REVISION No. - 1426 of 2024 Revisionist :- Kamlesh Prajapati Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ajay Kumar Kashyap Counsel for Opposite Party :- G.A.,Girja Shankar Prajapati Hon'ble Ram Manohar Narayan Mishra,J. This criminal revision has been filed against the judgement and order dated 18.1.2024 passed by Principal Judge, Family court, Fatehpur in maintenance case no. 239 of 2021, under section 125 Cr.P.C. (Smt. Roshini vs. Kamlesh Prajapati). By the impugned order, learned court below has awarded Rs. 3,000/- per month maintenance to the applicant from the date of judgement and at the rate of Rs. 1,000/- per month from the date of filing of application i.e. 1.7.2021 to the date of judgement to the applicant. Heard learned counsel for the revisionist, learned counsel for respondent no. 2 and learned AGA for the State. Learned counsel for the revisionist submitted that the marriage of the revisionist was solemnized with respondent no. 2 on 30.6.2020 according to Hindu rites and rituals; the respondent no. 2 was shifted to her matrimonial place after the marriage; some matrimonial discord took place during course of time in high- handedness of respondent no. 2; she lived with revisionist only for 08 months and for rest of time she resided with her parents at her parental place; she has made false allegation of demand of dowry regarding Scorpio car whereas infact, the revisionist has made no such demand of dowry at any point of time; the respondent no. 2 is an educated lady and she has admitted in her evidence that she works in a nursing home; infact, she earns around Rs. 15,000/- and thus, she has possessed sufficient source of income to maintain herself; the revisionist is not having any source of income and he is not able to provide maintenance awarded in the impugned order; the revisionist and respondent no. 2 lived in Delhi together in a rented house and rent was borne by the revisionist; the revisionist at that time was preparing for competitive examination; the respondent no. 2 has made bald allegation against the revisionist and his family members in petition under section 125 Cr.P.C.; the respondent no. 2 left the place of revisionist of her own volition without any rhyme and reason and shifted to her parental place and for that reason also, she is not entitled for any maintenance from the revisionist; the revisionist filed a case under section 9 of Hindu Marriage Act before the Family Court, Kanpur due to strained relationship of respondent no. 2; the revisionist has withdrawn that application under section 9 of the Act and he filed petition for divorce before the family court, Fatehpur, which is pending; the revisionist is unemployed and at present, he is preparing for competitive examination in Kanpur Nagar; no documentary or oral evidence has been adduced by the respondent no. 2 regarding any source of income of the revisionist; he is dependent on his father for his livelihood and necessities; it is false to say that he has plot, house, truck and dumper as raised by respondent no. 2. Learned court below has awarded maintenance to the respondent no. 2 without considering the evidence on record in right perspective. He next submitted that the respondent no. 2 has also filed case under section 498-A IPC and 3/4 of D.P. Act against the revisionist with false allegation only to harass him and a charge- sheet has been filed against the revisionist and his family members in that case. The respondent no. 2 has admitted in her cross examination that she came from her matrimonial place last time on 19.2.2021 and since then she is residing at her parental place; she is not aware that in which company, his husband works; she has completed B.Sc. in the year 2017; his husband is B.A. passed out as told by him; she lived with her husband in Delhi for 15 days; the respondent no. 2 and her father both have stated in their evidence that she used to visit nursing home and the revisionist has stated in his evidence that she works in New Sagar Nursing home. Per contra, learned counsel for respondent no. 2 submitted that the respondent no. 2 was subjected to matrimonial cruelty by the revisionist and his family members; her brother-in-law including Dever and Jeth were having ill intention with her and they tried to molest her; the revisionist works in a private company wherein he earns Rs. 25,000/- per month but despite efforts the respondent no. 2 could not able to procure any documents in this respect; the revisionist and his family members demanded additional dowry from parents of respondent no. 2 through her and when demand of additional dowry could not fulfill, she was subjected to cruelty by her husband and tortured; she was compelled to leave her matrimonial home and now she has to take shelter of her parental place; the revisionist has himself filed a suit for divorce against the respondent no. 2; the revisionist belongs to a influential family, who possessed truck and dumper and other valuables; they have sufficient immovable property also; the learned court below has awarded maintenance in lower side and it is itself insufficient to meet necessary expenses of the revisionist; the revision has been filed on non existence ground and deserves to be dismissed. From perusal of record it appears that it is admitted fact that the revisionist and respondent no. 2 was solemnized marriage on 30.6.2020 and the revisionist is living separately from husband since 19.1.2021; during the period of marriage and separation from her husband she lived for a short time in Delhi. Learned court below has framed three issues on the basis of pleadings of the parties in application for maintenance and written statement filed by the revisionist and decided all three issues in favour of the applicant. Learned court below has given finding that respondent no. 2 is living separately from the revisionist/ husband for sufficient and reasonable cause; revisionist and his family members are chargesheeted for offence of dowry harassment after investigation into the FIR lodged at the instance of respondent no. 2. Although the respondent no. 2 has admitted in her evidence that she works in a nursing home but the revisionist has failed to file any document in support of her income and this fact is proved in the light of evidence appearing on record that respondent no. 2 is living separately from her husband for sufficient reason and cause; the applicant has successfully proved that she is not able to maintain herself whereas the opposite party Kamlesh has to maintain his wife and he has neglected to maintain her; the court below has awarded maintenance @ Rs. 1,000/- per month from the date of filing of application to the date of judgement and thereafter at the rate of Rs. 3,000/- per month on the basis of finding of issue no. 1 and 2. In present case, although respondent no. 2 admitted that she works in some nursing home but there is no evidence on record which could suggest that income derived by her from said nursing home is sufficient to meet her requisite needs and it is settled judicial decision of Hon'ble Supreme Court that only due to fact that the applicant/ wife derives some income from engaging in some private work is not sufficient to discharge the liability of husband to maintain her, which is cast on him in petition under section 125 Cr.P.C. The revisionist is an able bodied person even he is unemployed as per his own averment, he is under the legal obligation to maintain his deserted wife. The finding of the court below that the respondent no. 2 has left her matrimonial home due to sufficient reason and cause is based on evidence on record that needs no interference in present revision. The amount of maintenance quantified in the impugned order itself very low and it is hardly sufficient to cater necessary expenses of the respondent no. 2 in present market condition, therefore, no interference is warranted in present revision. The revision is devoid of merit and deserves to be dismissed. The revision is dismissed. Order Date :- 9.1.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad