Neutral Citation No. - 2025:AHC:101773 Court No. - 84 Case :- CRIMINAL REVISION No. - 1922 of 2025 Revisionist :- Rinku Singh Rathore Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Dinesh Chandra Srivastava 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. This criminal revision has been filed by the revisionist with a prayer to allow the present revision and set aside the impugned order dated 23.1.2025 passed by Principal Judge, Family Court, Gautam Budh Nagar in Crl. Misc. No. 472 of 2022(Smt. Seema Rathor Vs. Rinku Singh Rathor), under section 125 Cr.P.C. Learned counsel for the revisionist submits that in this case the opposite party No.2 is wedded wife who was married in the year 1999. Out of wedlock two children were born those are major now. He further submits that due to misbehaviour on the part of the opposite party No.2/wife, the revisionist is compelled to live in rented house though he purchased a flat in the name of his wife in which she is living with children. He further submits that prior to the dispute with the wife, he was running travel agency namely, R.S.R Tour and Travels from which he was earning but the company has now come to an end and he is doing job in private company namely, Square holidays as driver and he gets salary Rs.14000/- per month out of which the amount of interim maintenance Rs.5000/- per month as fixed by the learned trial court is more than sufficient and excessive, therefore, request to reduce the said amount. He further submits that he never neglected his wife to maintain even though she has filed present application only for his harassment and the learned trial court has also not taken into consideration the aforesaid fact and allowed the application for interim maintenance, therefore, request to reduce the amount of interim maintenance so fixed by the learned court. He also submits that the children of the revisionist have become major and they are working and are in a position to maintain to their mother/wife of the revisionist. He also submits that she herself is doing private job and earns Rs.30,000/- per month, therefore, she is able to maintain herself and is not entitled for maintenance from revisionist/husband. Learned A.G.A. opposed the aforesaid prayer. Considering the submissions made by learned counsel for the revisionist as well as learned A.G.A for the State, perusal of record, the order passed by the learned trial court, it appears that in this case the marriage was performed in the year 1999 and there are two children, they have become major now. As per allegations made in the application by the wife, the revisionist has illicit relation with some lady namely, Reena Devi that was the reason he ill treated his wife and children and left the house on 17.5.2022 and started living with Reena Devi separate from his family and also did not provide any money for their maintenance, therefore, the present application under section 125 Cr.P.C was moved on the part of wife/opposite party No.2. The revisionist has admitted that he was operating tours and travelling company which has come to an end. Now he is working as driver in the Square Holiday company and gets salary Rs.14,000/- per month. The revisionist has stated that the opposite party No.2 makes earning Rs.30,000/- per month while working in private company but there is nothing on record to show that she makes earning of Rs.30,000/- per month. Although as per affidavit filed by the wife she makes income of Rs 10,000/- per month by doing private job only but it is not regular. In this way interim maintenance Rs.5,000/- per month as fixed by the learned trial court in favour of wife against the revisionist cannot be said to be more than sufficient and excessive.Thus there appears no any illegality or impropriety in the order passed by the learned trial court dated 23.1.2025 but this application being devoid of merit is liable to be dismissed. Accordingly, this application is dismissed. Order Date :- 1.7.2025 G.S Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad