HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 2201 of 2025 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. 1. Heard learned counsel for the revisionist, learned counsel for the opposite party no.2 and learned A.G.A. for the State. 2. This criminal revision has been filed with the prayer to quash/set aside the impugned order dated 26.03.2025 passed by the learned Judicial Magistrate- II, Fatehabad, District Agra in Complaint Case No. 157 of 2023 (Aarti Versus Ishwar Saxena and others) for the offence under Section 12 of the Protection of Women from Domestic Violence Act, 2005, Police Station Shamshabad, District Agra. 3. It is submitted by the learned counsel for the revisionist that in this case the opposite party no.2 is wife of the revisionist, who is living separate from him without any sufficient reason. He further submitted that opposite party no.2 has filed a Complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 along with an application for interim maintenance under Section 23 of the Act, on which learned trial Court has fixed Rs. 1500/- per month as interim maintenance from the date of order without considering the fact that revisionist is unemployed person. He has no source of income and in fact wife is living apart from him and she is able to maintain herself by earning income, therefore, request to set aside the order and allow the revision. 4. Learned counsel for the opposite party no.2 opposed the prayer as aforesaid. 5. On considering the facts and circumstances of the case, submissions made Versus Counsel for Revisionist(s) : Devi Dayal Counsel for Opposite Party(s) : G.A. Ishwar Saxena .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) by learned counsel for both the parties as well as learned A.G.A., perusal of record and order dated 26.03.2025 passed by the learned trial court, it appears that revisionist and opposite party no.2 are husband and wife and now the opposite party no.2 is living separate from him and lives in maika. She has made allegations regarding harassment against the revisionist in her complaint. She has no source of income to maintain herself. On the other hand, though, there is nothing on record to show that the revisionist has any regular income, but being the husband, he is under legal obligation to maintain his wife, who is living separate. Learned trial court has fixed Rs. 1500/- per month as an interim maintenance in favour of wife, this amount cannot be said to be excessive or more than sufficient and beyond the paying capacity of the revisionist, even if, he works as labourer, he can also earn Rs. 12,000- 15,000/- per month at the rate of Rs. 400-500 per day. In this way, there is no illegality or impropriety in the order dated 26.03.2025 passed by the learned trial court. 6. Accordingly, the present criminal revision is dismissed. September 24, 2025 T.S. CRLR No. 2201 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad