Neutral Citation No. - 2025:AHC:69859 Court No. - 79 Case :- CRIMINAL REVISION No. - 1875 of 2024 Revisionist :- Prateek Kumar Srivastava Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Tripurari Sharan Shukla Counsel for Opposite Party :- Anup Kumar Shukla,G.A.,Vijay Prakash Chaturvedi Hon'ble Subhash Chandra Sharma,J. List revised. None appeared for the opposite party even in the revised call. 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 the revision and set aside the impugned judgement/order dated 16.02.2024 passed by learned Principal Judge, Family Court, Siddharth Nagar in Case No.466 of 2020 (Smt. Jaya Shrivastava vs. Prateek Kumar Srivastava) under Section 125 Cr.P.C., Police Station Kapilvastu, District Siddharth Nagar. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is wife who is living separate from him without any reasonable excuse. The opposite party no.2 filed an application u/s 125 Cr.P.C. with an application for interim maintenance which was allowed by the order dated 16.02.2024 fixing the amount Rs.4000/- per month interim maintenance from the date of application. He further submitted that revisionist never maltreated the opposite party but she herself parted from him. He also submits that he was working as Engineer in Antony Lara Enviro Solution Private Ltd. Company, Thane (West), Mumbai and after dispute with the wife he resigned from the service and now he is an unemployed person not making any income so the amount of interim maintenance Rs.4000/- per month is in excess, therefore, request to set aside the order passed by the learned trial court or to fix the amount of interim maintenance from the date of order on the place of the date of application. Learned A.G.A. opposed the prayer as aforesaid. 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, it appears that in this case due to neglect the wife is living separate from the husband and moved an application for interim maintenance since he does not pay any amount of maintenance to her. Though, the revisionist has stated that he has resigned from the job and there is no any income but he being able bodied and well qualified person cannot be said to have no income at all and he also cannot absolve himself from the liability to maintain his wife. The amount of Rs.4000/- per month as interim maintenance cannot be said to be excessive and more than sufficient but it is too less. There appears no any illegality or impropriety in the order passed by the learned trial court dated 16.02.2024 but this revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is dismissed at the admissions stage itself. Order Date :- 2.5.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad