Neutral Citation No. - 2025:AHC:62767 Court No. - 79 Case :- CRIMINAL REVISION No. - 2412 of 2024 Revisionist :- Rajesh Singh Rawat Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Pradeep Kumar Tiwari,Sushil Kumar Tiwari 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 a prayer to allow the present revision (U/S 397/401 of Cr.P.C.) and set aside the impugned judgment and order dated 30.03.2024 passed by the Learned Additional Principal Judge, Family Court, Mathura in Case No. 26 of 2017 'CNR No.UPMT-02-000088-2017' (Smt. Neelam @ Nagina Vs. Rajesh Singh Rawat) under Section 125 of Cr.P.C., Police Station Farah, District Mathura. It is submitted by learned counsel for the revisionist that in this case revisionist is an Advocate and opposite party no. 2 was wedded wife whose marriage was performed in the year 2012. The wife was not satisfied with the revisionist that was the reason she started behaving with cruelty to the husband and other members of the family. On 07.04.2014 she went to her Maika with her father and brother and since then she is living there. The revisionist filed a suit under Section 13 of Hindu Marriage Act for divorce which was decreed by order dated 07.01.2020 and the revisionist entered into second marriage. It is further submitted that he never neglected his wife even though the learned trial court without considering all these facts granted the amount of maintenance Rs. 5,000/- per month in favour of wife from the date of order and Rs 2,500/- per month from the date of application. The amount granted from the date of order is excessive which is beyond his paying capacity, therefore, request to reduce the said amount. 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. and perusal of record, the order passed by the learned trial court dated 30.03.2024, it appears that due to neglect on the part of the revisionist the wife started living in her Maika and thereafter on the petition of husband/revisionist decree for divorce was granted by the competent court and the revisionist has entered in second marriage. Wife is living separate from him after divorce. There is nothing on record to show that she has remarried, therefore, the revisionist is under legal obligation to maintain his divorced wife. He is an Advocate and makes income and also abled bodied person, therefore, it cannot be said that he is not in a position to maintain his divorced wife. There is no any material on record to show that the wife is making income and she is able to maintain herself as per the statement of the revisionist. The amount of maintenance Rs. 5000/- per month cannot be said to be excessive. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court dated 30.03.2024 but this criminal revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is, hereby, dismissed. Order Date :- 24.4.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad