Neutral Citation No. - 2025:AHC:88793 Court No. - 79 Case :- CRIMINAL REVISION No. - 2477 of 2025 Revisionist :- Mohd Nasir Ahmad Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Amit Krishna 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 impugned judgment and order dated 08.04.2025 passed by the learned Additional Principal Judge, Family Court, Court No. 1, Muzaffar Nagar in Case No. 1255/11 of 2022 (Smt. Aasma and another Vs. Mohd. Nasir Ahmad), under Section 125 Cr.P.C., Police Station Kotwali Nagar, District Muzaffar Nagar by which application for interim maintenance no. 27 Ka is partly allowed and interim maintenance of Rs. 3000/- per month has been awarded from the date of filing of application. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 was wedded to the revisionist in the year 2013, though she was already married to some other person and without taking divorce from him, she entered into marriage. The revisionist was also already married person having children. After second marriage, the opposite party no. 2 started living apart from him without any reasonable and sufficient cause. Further submitted that the opposite party no. 2 had children from the first husband and she also made transactions relating to immovable property after the year 2013 showing the address of her previous husband. All these transactions show that she is able to maintain herself even though she claimed for maintenance from the revisionist/husband with an application for interim maintenance as application no. 27-Ka which was decided by the learned court vide order dated 8.4.2025 allowing the amount of maintenance Rs. 3000/- per month as interim maintenance. It is also submitted that the revisionist is under 50 % disability and unable to make earning and now he is dependent on his previous wife and children, therefore, unable to make payment of amount of maintenance but all these facts were not taken into consideration by the learned trial court while passing the order dated 08.04.2025, therefore, request to set aside the order and allow the revision. 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 revisionist as well as learned A.G.A., perusal of record and order passed by learned trial court, it appears that admittedly the opposite party no. 2 is second wife of the revisionist who is living apart from him. The revisionist had first wife and children from the wedlock. There is nothing on record to show that the opposite party no. 2 is making income from anywhere to maintain herself except the sale deeds executed by her. On the other hand, the revisionist had suffered 50% locomotive disability due to injury in left hand, therefore, he cannot be said to have such type of disability making him unable either to maintain himself or his wife living apart from him who has no source of income. The learned trial court has fixed the amount of interim maintenance Rs. 3000/- per month i.e. Rs. 100/- per day. It cannot be said to be more than sufficient or excessive, since the revisionist/husband is under legal obligation to maintain his wife living apart from him as a result of neglect on his part. In this way, there appears no any illegality or impropriety in the order passed by learned trial court and it does not warrant interference by this Court. Accordingly, the present revision is dismissed. Order Date :- 26.5.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad