Neutral Citation No. - 2025:AHC:55374 Court No. - 79 Case :- CRIMINAL REVISION No. - 4893 of 2023 Revisionist :- Pankaj Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Om Prakash Counsel for Opposite Party :- Ashwani Kumar Mishra,G.A. Hon'ble Subhash Chandra Sharma,J. Both the parties appeared before this Court in person but they are agree to live together. Heard learned counsel for the revisionist, learned counsel for opposite parties as well as learned A.G.A. and perusal the material on record. This criminal revision has been filed by the revisionist with prayer to set aside the impugned judgment and order dated 20.07.2023 passed by the learned Additional Principal Judge, Family Court, Jhansi in Case No. 1187 of 2020, under Section 125 Cr.P.C., Police Station Chirgaon, District Jhansi. It is submitted by learned counsel for the revisionist that in this case, the learned trial court has passed the order dated 20.07.2023 directing the parties to live together and also allowed amount of maintenance Rs. 3500/- in favour of wife and Rs. 1500/- in favour of minor daughter. Further submitted that under the scheme of Section 125 Cr.P.C. only maintenance can be granted not the remedy of Restitution of Conjugal Rights. Learned trial court has committed error in passing such an order, therefore, request to set it aside and allow the revision. Learned counsel for the opposite party no.2 as well as learned A.G.A. opposed the prayer as aforesaid but admitted the fact that the order passed by learned trial court is erroneous and such order cannot be passed by in view of the provisions as contained under Section 125 Cr.P.C. Further contended that a case under Section 9 Hindu Marriage Act, 1955 for Restitution of Conjugal Right was also pending before the learned court which was also decided with the present case. On 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 the learned trial court dated 20.07.2023, it appears that the learned trial court has directed both the parties to live together and discharge marital duties and also awarded maintenance in favour of wife Rs. 3500/- and in favour of minor daughter Rs. 1500/-. The learned trial court has passed the order on the basis of statement given by the parties before the learned court that they are ready to live together. In the scheme of Section 125 Cr.P.C. the learned court is not required to pass an order directing the parties to live together which is in the domain of Restitution of Conjugal Rights and also the maintenance together with the same order. In this way, the order passed by learned trial court dated 20.07.2023 cannot be said to be lawful but it being erroneous, liable to be set aside. Accordingly, the order dated 20.07.2023 passed by learned trial court is set aside and the revision is allowed with direction to the learned trial court to decide the case under Section 125 Cr.P.C. on merit within the purview of provisions as contained under Section 125 Cr.P.C. after giving an opportunity of hearing to both the parties. Order Date :- 16.4.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad