Neutral Citation No. - 2025:AHC:118828 Court No. - 84 Case :- CRIMINAL REVISION No. - 2069 of 2025 Revisionist :- Sunny Alias Shanu Saxena Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Anjeet Singh 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 filed with a prayer to allow the revision and set aside the judgment and order dated 19.02.2025 passed by the learned Additional Principal Judge, Family Court at Fatehpur Case No. 39 of 2021 (Mamta Srivastava Vs. Sunny @ Shanu Saxena), under Section 125 Cr.P.C., Police Station Kotwali, District Fatehpur. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is the wife who is living apart from him without any sufficient cause. The marriage was performed in the year 2019 and she started living separate from the year 2020. No any demand of dowry and harassment was made on the part of the husband. Further submitted that the opposite party no. 2 has made false allegations against the revisionist and other members of his family. The learned trial court has not considered all these facts and allowed the application fixing the amount of Rs. 5000/- per month in favour of wife. The revisionist is an unemployed person and has no any regular income and he earns Rs. 8500/- only as basic salary out of which Rs. 5000/- per month is excessive or beyond his paying capacity, therefore, request to set aside the order passed by learned trial court and reduce the amount. Learned A.G.A. opposed the prayer as aforesaid. On 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 order passed by learned trial court, it appears that admittedly the opposite party no 2 is the wife of the revisionist and living apart from him due to his neglect. He is able bodied person and owns responsibility to maintain his wife who is unable to maintain herself and has no any income. There is nothing on record to show that the opposite party is also making any income and able to maintain herself. The learned trial court has fixed the amount Rs. 5000/- per month as maintenance in favour of wife which cannot be said to be excessive or more than sufficient. The learned trial court has considered the ability of the revisionist and fixed the amount of maintenance. In this way, there appears no any illegality or impropriety in passing the order dated 19.02.2025 but this revision being devoid of merit is liable to be dismissed at the admission stage. Accordingly, the present revision is dismissed. Order Date :- 22.7.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad