Neutral Citation No. - 2025:AHC:77529 Court No. - 79 Case :- CRIMINAL REVISION No. - 2197 of 2025 Revisionist :- Bablu Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Manish Kumar Tripathi 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. and perused the record. This criminal revision has been filed by the revisionist with prayer to set aside the order dated 02.04.2025 passed by the learned Principal Judge, Family Court, Ghaziabad in Misc. Case No. 270 of 2024 (Smt. Anita Kumar and another Vs. Bablu), under Section 125 Cr.P.C., Police Station Muradnagar, District Ghaziabad. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife and opposite party no. 3 is minor son of the revisionist. The opposite party no. 2/wife is living separate from him without any sufficient cause and filed an application u/s 125 Cr.P.C. against him with an application for interim maintenance which was decided vide order dated 02.04.2025 by the learned trial court fixing the amount of Rs. 15,000/- per month in favour of wife and Rs. 15,000/- in favour of minor son as interim maintenance which is excessive and beyond paying capacity of the revisionist. Further submitted that he is an unemployed person and has no any source of income but lives with his parents, those are suffering from physical ailments and also incurs expenses on their treatment. There is liability of personal loan against him. The income shown by the opposite party is not of the revisionist but it is of his parents, therefore, request to reduce the amount of interim maintenance and set aside the order passed by learned trial court. 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 parties as well as learned A.G.A., perusal of record and order passed by the learned trial court, it appears from the allegations on the part of the opposite party no. 2 that she was misbehaved and subjected to ill treatment by the revisionist and other members of family that was the reason she started living separate from him with her minor child. She has no any source of income and is unable to maintain herself. Her marriage was performed in the year 2014 and minor son was born from the wedlock. The revisionist was entangled with some other lady namely, Yashvi d/o Jitendra Sharma r/o Morta, Tehsil & District Ghaziabad and also performed marriage in Arya Samaj Chauk, Prayagraj on 20.07.2023. A copy marriage certificate has also been attached by her. In this way, the living of wife separate from him cannot be without sufficient cause. The record also shows that the revisionist makes income per month and detail of account in Canara Bank from the month of July, 2023 to October, 2024 has also been attached showing his income as in the month of January, 2023 Rs. 1,94,700/-, in the month of February Rs. 28,900/-, in the month of March Rs. 1,03,900/-, in the month of April Rs. 17,700/-, in the month of May Rs. 1,10,300/- and in the month of June Rs. 4,28,633 and so on. The revisionist also files ITR and is income tax payee. The learned trial court has considered this fact and income of the revisionist and passed the order in question dated 02.04.2025 fixing the amount of maintenance Rs. 15,000/- per month in favour of wife and Rs. 15,000/- per month in favour minor son that cannot be said to be excessive and beyond paying capacity of the revisionist, keeping in view the status of the husband and wife. Thus there appears no any illegality in the order passed by the learned trial court seeking interference by this Court. Accordingly, the present revision is dismissed at the admission stage. Order Date :- 13.5.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad