Neutral Citation No. - 2025:AHC:75372 Court No. - 79 Case :- CRIMINAL REVISION No. - 3433 of 2024 Revisionist :- Sudhir Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rajnish Dubey Counsel for Opposite Party :- G.A.,Suraj Kumar Singh Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned counsel for the opposite party no.2 alongwith learned A.G.A. for the State and perused the record. The present criminal revision has been moved with prayer to allow the revision and set aside the impugned order dated 23.05.2024 in application under Section 125 Cr.P.C. passed by Additional Principal Judge, Family Court No.4, Allahabad in Maintenance Case No.1123 of 2019 (Rubi Yadav vs. Sudhir Kumar Yadav). It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is wife of the revisionist who is living apart from him without any sufficient cause. Further submitted that he moved an application u/s 340 Cr.P.C. before the learned trial court which is still pending but interim maintenance Rs.3000/- per month has been awarded in favour of wife. Though the learned trial court has mentioned in the order that final order on an application u/s 125 Cr.P.C. will be passed after deciding the application u/s 340 Cr.P.C. Further submitted that the opposite party no.2 is able to maintain herself since she is graduate and knows sewing, embroidery and also earns by tuition. The revisionist works on contract basis and earns Rs.6000/- per month and the wife is able to maintain herself even though the learned trial court has fixed the amount of Rs.3000/- per month as interim maintenance, illegally, therefore, liable to be set aside. Learned counsel for the opposite party opposed the prayer as aforesaid and contended that the facts those are mentioned by the revisionist in his application u/s 340 Cr.P.C. are totally false and not related to the present case. Admittedly opposite party no.2 is wife of the revisionist who is unable to maintain herself and the revisionist is able bodied person and under legal obligation to maintain his wife. The learned trial court after considering all the facts and circumstances of the case fixed the amount of Rs.3000/- per month as interim maintenance which cannot be said to be excessive or more than sufficient. He also contended that due to misbehaviour on the part of the revisionist/husband she is living apart and is ready to live with the revisionist but he neglects her. Learned trial court has itself mentioned in the order that final order will be passed after deciding the application u/s 340 Cr.P.C. There is no any illegality and impropriety in the order passed by the learned trial court. Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties, perusal of record and the order passed by the learned trial court, 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 as stated by her and she is not able to maintain herself. The revisionist is able bodied person and is under legal obligation to maintain his wife. The application filed by the revisionist u/s 340 Cr.P.C. is still pending but the learned trial court has mentioned in the order dated 23.05.2024 that final order will be passed after deciding the application u/s 340 Cr.P.C. and for the time being he granted interim maintenance in favour of wife for her survival. In this way, there appears no any illegality or impropriety in the order dated 23.05.2024 passed by the learned trial court, therefore, it does not warrant any interference by this Court. However, learned trial court is, hereby, directed to decide the application u/s 340 Cr.P.C. first and then proceed to decide the application u/s 125 Cr.P.C. finally. Accordingly, this criminal revision is disposed of finally. Order Date :- 9.5.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad