Neutral Citation No. - 2025:AHC:50970 Court No. - 79 Case :- CRIMINAL REVISION No. - 3463 of 2024 Revisionist :- Vikash Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Akhilesh Kumar,Nikhil Singh,Suresh Chandra Yadav,Tej Bhanu Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Notice to opposite party Nos.2 to 4 has been served personally but none turned on their behalf. Heard learned counsel for the revisionist, learned A.G.A for the State and perused the record. This criminal revision has been filed by the revisionist with a prayer to set aside the order dated 2.5.2024 passed by Additional Principal Judge, Court No.1, Jaunpur in Maintenance Case No.763 of 2017 (Smt. Sangam Singh and two others Vs. Vikash Singh) under section 125 Cr.P.C. It is submitted by the learned counsel for the revisionist that in this case he is husband of opposite party No.2 and opposite party Nos.3 and 4 are his minor son and daughter. It is also submitted that this marriage was performed in the year 2004 and dispute arose between both of them in the year 2017. She went away leaving him alone without any reasonable excuse with the children and filed present application under section 125 Cr.P.C before the learned trial court for maintenance. It is further submitted that she is living separate from the husband without any reasonable excuse. The revisionist is an unemployed person and have no any income. All these facts were not taken into consideration by the learned trial court but amount of maintenance was granted to the opposite party No.2, wife, Rs.2000/- per month and Rs.1500/- each to the children, total Rs.5000/- which is out of paying capacity of the revisionist. The learned trial court did not consider all these facts but granted the amount which cannot be said to be legal and appropriate. Therefore, request to set aside the order and allow this revision. Learned counsel for opposite party as well as 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 for the State, perusal of record and the order passed by the learned trial court in question, it appears that the opposite party No.1 is wedded wife of revisionist and the opposite party Nos.3 and 4 are his minor children. There is allegation against the revisionist about misbehaviour with the wife that was the reason she went to her Mayaka with her minor children and lives there. In this way it cannot be said that there is no any reasonable excuse for the wife to live separate from the husband. The learned trial court has well considered all these facts and circumstances of the case and awarded the amount of maintenance which cannot be said to be in excess, though it is less than sufficient for their maintenance. There appears no illegality or impropriety in the order passed by the learned trial court but this revision being devoid of merit is liable to be dismissed at the admission state. Accordingly, this revision is dismissed. Order Date :- 8.4.2025 G.S Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad