Neutral Citation No. - 2025:AHC:61430 Court No. - 79 Case :- CRIMINAL REVISION No. - 1857 of 2024 Revisionist :- Smt Sima Baranwal Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Dinesh Yadav Counsel for Opposite Party :- G.A.,Manish Mishra,Surendra Prasad Mishra 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 Crl. Revision has been filed by the revisionist with a prayer to allow this revision by enhancing the amount of maintenance from Rs.2000/- to 20,000/- per month in favour of the revisionist in case No. 1921 of 2021 (Smt. Sima Baanwal Vs. Shrwan Kumar Baranwal), under section 125 Cr.P.C, Police Station Shahganj, District Jaunpur. It is submitted by the learned counsel for the revisionist that in this case the opposite party No.2 is husband of the revisionist. It is also submitted that the revisionist is living separate from opposite party No.2 due to his neglect on his part. She filed an application under section 125 Cr.P.C before the court which was decided vide order dated 26.2.2024 but amount for maintenance was fixed as Rs.2000/- per month that is too less. Therefore, request to increase the amount of maintenance. Learned counsel for opposite party No.2 as well as learned A.G.A for the State opposed the prayer as aforesaid and contended that a minor child is living with the husband and he is maintaining the child. The wife is living apart without any reasonable excuse and claiming maintenance. The opposite party No.2 is an unemployed person and having no any source of income. He has liabilities relating to his parents and also the minor child.The amount Rs.2000/- per month is sufficient. Since the wife is also an educated lady and able to earn money by working as beautician. In case the amount of maintenance is increased, it will become beyond the paying capacity of the husband. Learned trial court has passed the order as aforesaid after considering all the facts and circumstances of the case . On considering the facts and circumstances of the case, submissions made by the learned counsel for both the parties, perusal of record and the order passed by the learned trial court dated 26.2.2024, it appears that the opposite parties No.2 is husband of the revisionist and due to neglect on his part the wife is living apart.He is an able bodied person and conducts the business of sell and purchase of food grains but there is nothing on record to show certain income of the husband from such business. Since the opposite party No.2 husband is able bodied person and under the legal obligation to maintain his wife, therefore, the amount of monthly maintenance is increased to Rs.3500 per month on the place of Rs.2000/- from the date of application. Accordingly, this revision is partly allowed and the order dated 26.2.2024 is modified to the extent of amount of maintenance from Rs.2000/- per month to Rs. 3500/- per month.The amount of arrears of maintenance,if any, shall be divided into 12 equal instalments that will be paid along with current amount of maintenance. Order Date :- 22.4.2025 G.S Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad