Neutral Citation No. - 2025:AHC:80631 Court No. - 79 Case :- CRIMINAL REVISION No. - 3464 of 2024 Revisionist :- Akash Deep Opposite Party :- State Of U.P. Another Counsel for Revisionist :- Anzar Haroon,Dharam Veer Singh Counsel for Opposite Party :- G.A.,Tej Om Prakash Gupta Hon'ble Subhash Chandra Sharma,J. List revised. None appeared on behalf of opposite party no. 2 even in the revised call. Heard Mr. Dharam Veer Singh, learned counsel for the revisionist as well as learned A.G.A. and perused the material on record. This criminal revision has been filed by the revisionist with prayer to set aside the impugned judgment and order dated 14.06.2024 passed by the learned Additional Principal Judge, Family Court, Court No. 2, Firozabad in Criminal Case No. 857 of 2021 (Smt. Namrita @ Singha Vs. Akash Deep), under Section 125 Cr.P.C., Police Station Shikohabad, District Firozabad. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife of the revisionist. The marriage was performed in the year 2015 and a daughter Anshika was born from the wedlock, thereafter the wife herself started misbehaving with the revisionist, when objected she left his house and went to live in her maika. Further submitted that allegations made by the wife in application u/s 125 Cr.P.C. are totally false. No any misbehave was done either by the revisionist or by any member of his family with the opposite party no. 2 and she was never expelled from the house. She is not willing to live with the revisionist. She also made pressure on the revisionist to live with her in her maika as being lonely daughter of her parents but the revisionist did not agree. It is also submitted that she is M.A. with education and by working as teacher in a school earns Rs. 10,000/- per month and so able to maintain herself. On the other hand the revisionist has completed L.L.B. in the year 2022 and started practice in the civil court. He has no any income to provide amount of maintenance to the opposite party no. 2/wife. The learned trial court without considering all these facts fixed the amount of Rs. 15,000/- per month as maintenance in favour of wife from the date of application which cannot be said to be lawful, therefore, request to set aside the order passed by the learned trial court and allow the revision. He also submitted that the amount of arrears from the date of application to the date of order be also divide into easy installments for payment. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties as well as learned A.G.A. perusal of record and the order passed by learned trial court, it appears that in this case, the opposite party no. 2 is wife of the revisionist and marriage was performed in the year 2015, thereafter daughter Anshika was born. Again when she was pregnant she was subjected to misbehave and was expelled from the house after beating. Her condition deteriorated and she was got admitted in Paras Hospital, Agra where she gave birth to dead child but the revisionist neither took care of her nor attended and no any money was given for expenses. On 10.06.2021 the revisionist and other members of his family went to the house of opposite party no 2 and made demand and also threatened her. The daughter, Anshika is living with the revisionist but no any amount has been paid to the wife as maintenance as a result present application u/s 125 Cr.P.C. was filed. This shows that the opposite party no.2/wife is living separate from husband/revisionist with sufficient cause. The revisionist being husband of opposite party no.2 is under legal obligation to maintain her if she is living apart from him with sufficient cause. The revisionist is B.Tech degree holder and was working in Gurgaon and making income Rs. 60,000/- per month as stated by the opposite party, though this fact has not been admitted by the revisionist himself but he told himself to have started practice as Advocate in civil court with his father who is also practicing as lawyer. There is nothing on record to show that the opposite party no. 2 is working as teacher in any school and has means to maintain herself. Though the revisionist has filed his income certificate showing Rs. 5000/- per month but the opposite party has disclosed the detail of property of the family of the revisionist as having 10 shops Akashdeep Complex, Atmadpur, Tehshilroad Chauraha, two shops on Gangaram Tiraha and one house on rent with several plots including 9 in the name of the revisionist. Keeping in view the status of the family of the revisionist, his education and the education and the status of the wife the amount of Rs. 15,000/- per month as maintenance in favour of wife cannot be said to be excessive or more than sufficient. In this way, there appears no any illegality or impropriety in the order passed by learned trial court, therefore, it does not warrant interference by this Court. So far as the amount of arrears of maintenance is concerned, it may be divided into equal 12 monthly installments payable with the current amount of maintenance per month. Accordingly, the present revision is disposed of at the admission stage. Order Date :- 15.5.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad