Neutral Citation No. - 2025:AHC:113119 Court No. - 84 Case :- CRIMINAL REVISION No. - 2063 of 2025 Revisionist :- Akhilesh Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Harish Chandra 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 prayer to allow the revision and set aside the judgment and order dated 27.03.2025 passed by learned Principal Judge, Family Court, Rampur in Criminal Misc. Case No. 24 of 2022 (Smt. Pratibha Gangwar Vs. Akhilesh Kumar) under Section 125 Cr.P.C. Police Station Khajuria, District Rampur. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is his wife who is living apart from him without any sufficient cause and filed an application under Section 125 Cr.P.C. for maintenance which was allowed by the learned trial court vide order dated 27.03.2025 fixing the amount of maintenance Rs. 4000/- per month in the favour of wife that is beyond paying capacity of the revisionist who works as labourer and makes earning Rs. 4500/- per month from labour work at the rate of Rs. 300/- per day, since he remains out of work for 15 days in a month. Further submitted that the opposite party no. 2 is highly qualified lady having degree in MA and has Also done course in Bombay Art and gives tuition to the students and earns Rs. 30,000/- per month and is able to maintain herself, therefore, she cannot be said to be entitled for maintenance. The revisionist has old parents, he has also to maintain them, therefore, request to reduce the amount and set aside the order passed by the learned trial court and allow the revision. 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 wife of the revisionist and marriage was performed in the year 2020. After some time, there was dispute in the family and as per allegation of opposite party no. 2 she was subjected to harassment by the parents-in-laws, Jeth and Jethani and made demand of dowry that was the reason she went to her maika during the course of pregnancy, thereafter in the year 2021 panchayat was conducted in which they agreed to keep her and she went to her sasural but her pregnancy was also terminated at the instance of her husband and other members of his family. Again she was subjected to harassment and then she was compelled to live in her maika and no any expenses are being given to her. Though she is M.A. degree holder and completed Bombay Art course but there is nothing on record to show that she provides tuition and makes income of Rs. 30,000/- per month for her maintenance. On the other hand. the revisionist is also graduate and has agricultural land and works under a Chartered Accountant in a firm as per his admission, as data entry operator. Though he has disclosed his income Rs. 4500/- per month only @ Rs. 300/- per day, 15 days in a month but it cannot be said to be reliable. Being able bodied person, if he works as labourer, @ Rs. 400/- per day, in a month, it will become Rs. 12,000/- out of which the amount of maintenance Rs. 4000/- per month in favour of wife cannot be said to be excessive or more than his paying capacity since he is under legal obligation to maintain his wife who is unable to maintain herself. Thus, the learned trial court has passed the order as aforesaid after considering all these facts and there appears no any illegality and impropriety in the order, therefore, it does not warrant interference by this Court but this revision being devoid of merit is liable to be dismissed at the admission stage. Accordingly, this criminal revision is dismissed at the admission stage itself. Order Date :- 15.7.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad