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Neutral Citation No. - 2025:AHC:125141 Court No. - 84 Case :- CRIMINAL REVISION No. - 2494 of 2025 Revisionist :- Raju Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Brajesh,Mohd Achhay 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 allow the revision and set aside the impugned judgment and order dated 27.03.2025 passed by the learned Additional Principal Judge, Family Court-I, Jaunpur in Case No.452 of 2023 (CNR No. UPSP- 020007002023) (Rekha Bhaskar vs. Raju) u/s 125 Cr.P.C., Police Station Line Bazar, District Jaunpur. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is wife who is living apart from him without any sufficient cause with minor child and filed an application u/s 125 Cr.P.C. which was decided by the learned trial court fixing the amount of Rs.2500/- per month in favour of wife and Rs.1000/- per month in favour of minor child as interim maintenance. Further submits that he has spent at the rate of Rs.4000/- per month on her education and filed the receipts of deposited amount in the bank account. Further submits that now he is unable to make payment of amount of maintenance to the wife since it is beyond his paying capacity. Learned A.G.A. opposed the prayer as aforesaid. 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 due to neglect of the revisionist the wife/opposite party no.2 is living separate from him with minor child and the amount of Rs.2500/- per month in favour of wife and Rs.1000/- per month in favour of minor child cannot be said to be excessive or more than sufficient since the revisionist is an able bodied person and owns the liability to maintain his wife and
minor child. There is nothing on record to show that she is making any income to support herself and the minor child. Therefore, there appears no any illegality and impropriety in the order passed by the learned trial court but this revision being devoid of merit is liable to be dismissed.
Accordingly, this criminal revision is dismissed. Order Date :- 29.7.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad