Neutral Citation No. - 2025:AHC:80022 Court No. - 79 Case :- CRIMINAL REVISION No. - 3180 of 2024 Revisionist :- Pankaj Prajapati Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Umesh Chandra Prajapati Counsel for Opposite Party :- Anil Kumar Tripathi,Ashish Kumar Maurya,G.A. Hon'ble Subhash Chandra Sharma,J. List revised. None appeared for the opposite party even in the revised call. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record. The present criminal revision has been filed with prayer to allow the revision and set aside the judgment and order dated 04.05.2024 passed by the learned court of Principal Judge, Family Court, Jhansi in Criminal Misc. Case No.150 of 2022 (Smt. Sonam alias Suman vs. Pankaj Prajapati) under Section 125 Cr.P.C., Police Station Nawabad, District Jhansi. It is submitted by learned counsel for the revisionist that in this case the opposite party no.2 was married to the revisionist in the year 2020. Later on, she herself started misbehaving with the revisionist and started living seperate from him in her maika without any sufficient reason. He further submitted that she made false allegations against him regarding demand of dowry and harassment but there is nothing on record to show that she was subjected to harassment by the revisionist or any member of his family. He also submits that she has entered into marriage with other person regarding which he filed a photograph but it was not taken into consideration by the learned trial court and passed the order in question awarding Rs.3500/- per month as maintenance from the date of application, therefore, request to reduce the amount of maintenance and be directed to pay the same from the date of order on the place of from the date of application and also the arrears of maintenance be divided into easy installments. 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 learned trial court dated 04.05.2024, it appears that the opposite party no.2 is wedded wife of the revisionist and there is allegation against the revisionist that she was subjected to harassment and demand of dowry was also made. On 15.07.2021 she was expelled from her sasural by the revisionist and then she started living in her maika. The revisionist is able bodied person and is under legal obligation to maintain his wife who is unable to maintain herself till she enters into re- marriage. The revisionist has stated that she was working in multinational company in Faridabad and earning Rs.20,000/- per month prior to marriage but there is nothing on record to show that she was working in as such and making income. There is no any evidence on record to show that she entered into marriage with some other person except photocopy of photograph on the basis of which it cannot be concluded that she has entered into marriage with some other person. In this regard, it is to note that if this fact is in the knowledge of the revisionist that she has entered into marriage with some other person, he may have an option to move an application before the learned trial court in this regard which shall be decided by the learned court on the basis of material and evidence led by the parties. Since the revisionist is able bodied and under legal obligation to maintain his wife, therefore, Rs.3500/- per month fixed as maintenance from the date of application cannot be said to be more than sufficient or illegal in view of the law laid by the Hon'ble Supreme in the case of Rajnesh vs. Neha and another (2021) 2 SCC 324. In this way, there appears no any ground to make interference in the order dated 04.05.2024 passed by the learned trial court. So far as the arrears of maintenance from the date of application to the date of order is concerned, it shall be paid by the revisionist in 12 equal installments alongwith the current amount of maintenance. Accordingly, this criminal revision is disposed of. Order Date :- 15.5.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad