Neutral Citation No. - 2025:AHC:63377 Court No. - 79 Case :- CRIMINAL REVISION No. - 1723 of 2024 Revisionist :- Subham Vajpayee @ Shyamji Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ajay Kumar Sharma 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. and perused the material on record. This criminal revision has been filed by the revisionist with prayer to set aside the impugned judgment and order dated 19.02.2024 passed by the learned Principal Judge, Family Court, Kanpur Nagar in Complaint Case No. 820 of 2023 (Smriti Mishra Vs. Subham Vajpai), under Section 125 Cr.P.C., Police Station Bithore, District Kanpur Nagar. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife of the revisionist and marriage was performed in the year 2019. From the year 2020 she is living separate from her husband without any reasonable excuse and filed an application u/s 125 Cr.P.C. in the year 2023 with an application for interim maintenance. The learned trial court has passed the order dated 19.02.2024 granting Rs. 4000/- as interim maintenance per month in favour of wife. Learned trial court did not consider the income of the revisionist but passed the order. He also submitted that there is no any source of income with the revisionist. On the other hand, the wife has inherited the immovable property from her father after his death and there is house of father which is on rent by which she maintains herself. In this way, the wife being in capacity to maintain herself, she cannot be entitled for maintenance from the husband. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties as well as learned A.G.A. perusal of record and the order passed by learned trial court dated 19.02.2024 and amount fixed for interim maintenance to the wife Rs. 4000/- per month, there appears no any illegality and impropriety in the order, since the revisionist is able bodied person and duty bound to maintain his wife who is living separate from him due to his neglect. In this way, there appears no any illegality or impropriety in the order passed by learned trial court, therefore, it does not warrant interference by this Court as a result this revision being devoid of merit, is liable to be dismissed. Accordingly, the present revision is dismissed at the admission stage. Order Date :- 25.4.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad