Neutral Citation No. - 2025:AHC:65929 Court No. - 79 Case :- CRIMINAL REVISION No. - 3211 of 2024 Revisionist :- Anuj Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Satendra Kumar Sharma Counsel for Opposite Party :- Dinesh Kumar,G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the parties and perused the record. This Crl. Revision has been filed by the revisionist by the revisionist with a prayer to allow this revision and set aside the impugned judgment dated 22.04.2024 passed by Additional Principal Judge, Family Court, Pilibhit in Case No. 492 of 2020( Smt. Kalpana Vs. Anuj), under section 125 Cr.P.C, Police Station Sungarhi, District, Pilibhit. It is submitted by the learned counsel for the revisionist that in this case the opposite party No.2 is wife of the revisionist who is living separate from the husband without any reasonable excuse. The learned trial court has awarded Rs.5000/- as maintenance in favour of wife, though he works as a labourer in Sugar Mills, Makshoodpur and earns Rs.10,000/- per month. It is further submitted that there is no any other property or income of the revisionist and the amount so fixed is beyond his paying capacity, therefore, request to set aside the order passed by learned trial court dated 22.4.2024 and to reduce the amount Rs.5000/- per month to Rs.3000/- per month. Learned counsel for opposite party No.2 as well as learned A.G.A for the State opposed the prayer as aforesaid and contended that in this case the opposite party No.2, wife, is also an unemployed women and wedded wife of the revisionist who is unable to maintain herself. The revisionist is an able bodied person and works in Sugar Mill and has not disclosed income in his affidavit but concealed it. His father is owner of an agricultural land and has other source of income. The amount of Rs.5000/- per month cannot be said to be excessive and beyond paying capacity of the husband. Considering the facts and circumstances of the case, submissions made by the learned counsel for both the parties, perusal of record and the order passed by the learned trial court dated 22.4.2024, it appears that the opposite party No.2 is wedded wife of the revisionist who is living separate from him due to neglect on his part. There is no any material on record to show the exact income of the revisionist but it has been stated by the opposite party No.2 Smt. Kalpana that he works in Sugar Mill and gets salary Rs.10,000/- per month. On the other hand the revisionist is able bodied person and under legal obligation to maintain his wife and the wife is also unable to maintain herself. Admittedly, he works in Sugar Mill and makes income but he has not disclosed his accurate income in his affidavit. In the circumstances of the case, the amount so fixed by the learned trial court i.e Rs.5000/- per month out of his income Rs.10000/- from the date of application as maintenance to the wife cannot be said to be proper, therefore, it is reduced to Rs.4000/- per month from the date of application. Accordingly, this revision is partly allowed. Order Date :- 28.4.2025 G.S Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad