Neutral Citation No. - 2025:AHC:142350 Court No. - 84 Case :- CRIMINAL REVISION No. - 3555 of 2025 Revisionist :- Basant Lal Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Akshat Jain Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard Sri Akshat Jain, learned counsel for the revisionist as well as learned A.G.A. for the State and perused the material on record. This criminal revision has been filed with prayer to allow the revision and set aside the order dated 19.04.2025 passed by the learned trial court of principal Judge, Family Court, Deoria in Maintenance Petition No. 870 of 2023 (Rekha v. Basant Lal) under section 125 of the CrPC, Police Station Rudrapur, District Deoria, wherby the learned court of Principal Judge, Family Court, Deoria has allowed the application under section 125 CrPC moved by the opposite Party No. 02 and awarded Rs. 2500/- per month to Opposite Party No. 02 as interim Maintenance, starting from the order date and due on the 19th of every coming month. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is wife of the revisionist whose marriage was performed in the year 2010. She is living separate from him without any sufficient cause and filed an application u/s 125 Cr.P.C. with an application for interim maintenance which was allowed by the learned trial court vide order dated 19.04.2025 fixing the amount of interim maintenance Rs.2500/- per month in favour of wife which is excessive and beyond the paying capacity of the revisionist who is 45% disabled person and has no any regular income, therefore, request to set aside the order dated 19.04.2025 and reduce the amount so fixed by the learned trial court. 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 dated 19.04.2025, it appears that the revisionist and opposite party no.2 are husband and wife whose marriage was solemnized in the year 2010 and since then they were living as husband and wife but due to neglect and misbehaviour on the part of the revisionist she is living apart from him. She has no any source of income and is unable to maintain herself. The revisionist being husband is under legal obligation to maintain his wife who is living apart from him with sufficient cause. So far as 45% physical disability is concerned, that is related to left leg but there is nothing on record to show that this incapacity is affecting his source of income or earning capacity. It is also submitted that revisionist himself has filed a case u/s 13 Hindi Marriage Act for divorce which has been allowed ex-parte on the ground of cruelty. The amount of interim maintenance as fixed by the learned trial court by order dated 19.04.2025 cannot be said to be excessive or more than sufficient for maintenance of wife who is living apart from him and is unable to maintain herself as having no source of income. In this way, 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 at the admission stage itself. Order Date :- 20.8.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad