Neutral Citation No. - 2025:AHC:136300 Court No. - 84 Case :- CRIMINAL REVISION No. - 2242 of 2025 Revisionist :- Gagan Yadav Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ashish Kumar Mishra 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. for the State and perused the material on record. This criminal revision has been filed with prayer to set aside the impugned order dated 10.03.2025 passed by the Additional Principal Judge, Family Court, Court No.1, Firozabad in Criminal Misc. Case No.1228 of 2021 (Smt. Snehlata vs. Gagan Yadav) u/s 125 Cr.P.C., Police Station Nasirpur, District Firozabad. It is submitted by learned counsel for the revisionist that in this case the opposite party no.2/wife who is living apart from him without any sufficient reason and filed an application u/s 125 Cr.P.C. for maintenance which was decided by learned trial court order dated 10.03.2025 fixing the amount of maintenance Rs.6000/- per month from the date of application. He further submits that the revisionist is an unemployed person and now he is under depression and has no capacity to earn and the amount so fixed by the learned trial court being excessive is liable to be reduced, therefore, request to set aside the order passed by the learned trial court dated 10.03.2025 and reduce the amount. Learned A.G.A. opposed the prayer as aforesaid and contended that the opposite party no.2/the wife is living apart from him due to his neglect and misbehaviour. He further contends that the wife has clearly stated that she was beaten by the revisionist and also some photographs were filed by her in which the revisionist was seen with some other lady whom he stated that she was his college friend. In this way, the wife/opposite party no.2 is living separate from him with sufficient cause and he is B.B.A. degree holder and works private job though he has not disclosed his income but the amount so fixed by the learned trial court cannot be said to be excessive. 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 and the order passed by the learned trial court, it appears that the opposite party no.2 is wedded wife of the revisionist who is living apart from him due to neglect on his part. She has also filed some photographs of the revisionist with some other lady which was admitted by the revisionist as photographs of his college friend. She also stated about the assault made by the revisionist causing injuries to her that was the reason she is living apart from him. She also stated that she is ready to live with the husband if he discontinue his illicit relations with other lady. He has told himself to be B.B.A. degree holder and working private job though has not disclosed his income. This shows that the wife/opposite party no.2 is living apart from him with sufficient reason and she having no source of any income is unable to maintain herself, so entitled for maintenance from husband the revisionist. The amount so fixed by the learned trial court Rs.6000/- per month in favour of wife for maintenance cannot be said to be excessive or more than sufficient, in view of the technical education of the revisionist and his capacity to earn. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court, therefore, it does not warrant any interference by this Court. So far as the amount of arrears of maintenance is concerned, it shall be paid in 12 equal installments to be payable month to month with the current amount of maintenance. Accordingly, this criminal revision is disposed of at the admission stage itself. Order Date :- 12.8.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad