Neutral Citation No. - 2025:AHC:130013 Court No. - 84 Case :- CRIMINAL REVISION No. - 3655 of 2025 Revisionist :- Ganesh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rajendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. 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 30.05.2025 passed by learned Principal Judge, Family Court, Ghazipur in Criminal Misc. Case No. 431 of 2020 (Santra Vs. Ganesh) under Section 125 Cr.P.C., Police Station Jangipur, District Ghazipur. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife of the revisionist. She was living apart from him without any sufficient reason and filed an application under Section 125 Cr.P.C. before the learned trial court which was allowed and amount of maintenance Rs. 4000/- per month has been fixed in her favour. The learned trial court has not recorded any finding that she is living apart from him without sufficient reason or he neglect to maintain her, though he has always paid the amount as fixed by the learned trial court as interim maintenance. In this way, there is no any neglect on his part. Further submitted that the learned trial court has fixed the amount of maintenance Rs. 4000/- per month from the date of application on the place of date of order which cannot be said to be lawful. The amount so fixed by the learned trial court is excessive and beyond his paying capacity, therefore, request to set aside the order passed by learned trial court and allow the revision. Learned A.G.A. opposed the prayer as aforesaid and contended that in this case, the opposite party no. 2 was wedded to the revisionist 8 years prior to filing of application. When she was subjected to torture, she started living in her maika and the revisionist entered into second marriage. He never paid any amount of money to her except in pursuance to the order passed by learned trial court, which shows that he neglected the opposite party no. 2. In this way, there was sufficient reason to the wife to live apart from him in her maika and amount of maintenance fixed by the learned trial court cannot be said to be excessive and beyond his paying capacity. 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 learned trial court, it appears that the opposite party no. 2 is wedded wife of the revisionist and due to neglect on the part of the revisionist, she started living apart from him in her maika and the revisionist also entered into second marriage. As per his statement some amount were given to her as interim maintenance in pursuant to the order passed by learned trial court but on this basis, it cannot be said that there was no neglect on his part for maintaining his wife, who was living apart from him with sufficient cause. The amount so fixed by the learned trial court cannot be said to be excessive or beyond paying capacity of the revisionist and being able bodied person he is under legal obligation to maintain his wife. 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. The amount received by the wife as interim maintenance or maintenance in the present case or in any other case shall be subject to adjustment in the present amount. Accordingly, the present revision is disposed of at the admission stage. Order Date :- 4.8.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad