HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 3540 of 2025 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the revisionist as well as learned A.G.A. and perused the record. This criminal revision has been filed by the revisionist with prayer to set aside the impugned judgment and order dated 05.04.2025 passed by the learned Additional Principal Judge, Family Court No. 2, Meerut in Case No. 205 of 2021 (Smt. Sapna Vs. Lokesh Siwach), under Section 125 Cr.P.C., Police Station Pallawpuram, District Meerut. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is second wife of the revisionist. She was married to him in the year 2019 and after marriage she started misbehaving with the revisionist and other members of his family. She left his house and started living in her maika. There was an agreement between the parties on 23.12.2020 to live separate from each other but later on denied by the wife. She filed an application under Section 125 Cr.P.C. which was allowed by the learned trial court vide order dated 05.04.2025 fixing the amount of maintenance Rs. 4000/- per month in favour of wife though she is highly qualified as M.A. B.Ed., B.T.C. and has also passed UPTET exam. She is efficient for making income but this fact was not considered by learned trial court and amount was awarded illegally. It is also submitted that she is getting interim maintenance Rs. 3000/- per month under Section 24 in case under Section 13 Hindu marriage Act but that has also not been adjusted by the learned trial court while awarding the maintenance in present case, therefore, request to set aside the order passed by learned trial court. Versus Counsel for Revisionist(s) : Sanjay Kr. Srivastava Counsel for Opposite Party(s) : G.A. Lokesh Siwach .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) 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. perusal of record and order passed by the learned trial court, it appears that the revisionist and opposite party no. 2 are husband and wife and she is living separate from him. The fact of agreement between the parties for living separate from each other has been denied by the wife herself. She has stated about misbehaviour on the part of the revisionist with her that is the reason she is living apart from him under compulsion. There is a case under Section 13 Hindu Marriage Act pending between the parties which was filed by the revisionist himself in which under Section 24 Hindu Marriage Act Rs. 3000/- per month was granted as interim maintenance in favour of wife. There is no any regular source of income said to be made by the revisionist, though it is stated by the wife that he is working in private company and getting Rs. 17,000/- per month as salary but there is nothing on record to show that he is getting such amount as salary. The learned trial court has fixed the amount of maintenance Rs. 4000/- in favour of wife which cannot be said to be excessive or more than sufficient. The learned trial court itself has directed in its order dated 05.04.2025 that if any amount is being paid to the wife as maintenance, it will be subject to adjustment in the amount of present case. In this way, there appears no any illegality or impropriety in the order passed by learned trial court and it does not warrant interference by this Court. Again, it is made clear that the learned trial court while passing the order dated 5.4.2025, has already directed that the amount of maintenance being paid or being received by the wife by order passed by any other court, will be subject to adjustment in the present amount. Accordingly, the present revision is disposed of finally. September 10, 2025 Anurag Singh CRLR No. 3540 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad