Neutral Citation No. - 2025:AHC:69867 Court No. - 79 Case :- CRIMINAL REVISION No. - 2576 of 2024 Revisionist :- Ravindra Singh @ Ravindra Bhola Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Dinesh Kumar Tripathi Counsel for Opposite Party :- G.A.,Santosh Kumar Rai Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned counsel for the opposite party alongwith learned A.G.A. for the State and perused the record. The present criminal revision has been filed with prayer to allow this revision and set aside the impugned order or part/portion of the impugned order dated 15.04.2024 passed by the Additional Principle Judge, Family Court 3rd, Jaunpur in Case No.2347 of 2022 (Indubala vs. Ravindra) u/s 127 Cr.P.C. by means of said order the learned trial court has enhanced the maintenance amount from Rs.1500/- to Rs.8000/- and the revisionist is directed to pay maintenance Rs.8000/- per month to opposite party no.2, or according to the circumstance of the case, decrease the maintenance amount allotted by the Family Court. It is submitted by learned counsel for the revisionist that in this case the revisionist is husband of the opposite party no.2 who entered into marriage in the year 1976 and the wife lived with him till the year 1986 thereafter, she separated herself without any reasonable excuse and filed an application u/s 125 Cr.P.C. which was allowed by which Rs.1500/- per month were fixed as maintenance. Later on, an application u/s 127 Cr.P.C. was also moved by her which was registered as Case No.2347/2022 and decided by the order dated 15.04.2024 enhancing the amount to Rs.8000/- per month for maintenance to the wife. He further submits that he gets pension Rs.68,000/- per month out of which he is to meet the expenses of his treatment since he is suffering from cancer and kidney failure. In this way, the amount fixed by the learned trial court is excessive and beyond the paying capacity of the revisionist, therefore, request to set aside the order dated 15.04.2024 passed by the learned trial court. Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and contended that the revisionist is living separate from the opposite party no.2 and he entered into second marriage after getting divorce from the opposite party no.2. He was serving as Regional Manager in New India Insurance Company Ltd. and was getting handsome salary and at the time of retirement he also obtained a huge amount of fund and retiral benefit. Now he is getting pension Rs.68,000/- per month as admitted by himself. Rs.1500/- per month was already fixed in favour of wife which was too less that was the reason application u/s 127 Cr.P.C. was moved for enhancement of the amount of maintenance. The learned court concerned after considering all the circumstances, the income, the expenses on medical treatment and the other liabilities of the revisionist passed the order in question dated 15.04.2024 fixing the amount of maintenance Rs.8000/- per month in favour of wife who is also an old lady suffering from old age infirmities. Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties, perusal of record, the order passed by the learned trial court, the status of husband and wife, their age, the financial conditions of the revisionist and also the amount of pension being received by him i.e. Rs.68,000/- per month out of which maintenance Rs.8000/- per month cannot be said to be excessive and beyond the paying capacity of the revisionist. There appears no any illegality or 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 :- 2.5.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad