HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 3821 of 2024 Court No. - 91 HON'BLE MADAN PAL SINGH, J. 1. Heard Pramod Kumar Singh, learned counsel for the revisionist, Shri Ganesh Shanker Srivastava, learned counsel for the opposite party no.2 as well as learned AGA appearing for the State-opposite party no.1 and perused the record. 2. This criminal revision has been filed by the revisionist with prayer to set aside the order dated 19.06.2024 passed by the learned Principal Judge, Family Court, Siddharth Nagar, in Case No. 233/2021 (Smt. Rukhsana Vs. Abdul Rashid Shah), under Section 125 Cr.P.C. Police Station Siddharth Nagar, District Siddharth Nagar, whereby the application of the revisionist moved under Section 125 Cr.P.C. was partly allowed the 6-Kha application of the opposite party no.2 and directed the revisionist to pay Rs.3,000/- per month as interim maintenance to opposite party no.2 from the date of the application. 3. Learned counsel for the revisionist submits that the opposite party no.2 is not the legally wife of the revisionist as she is the wife of one Mohd. Khalid. Learned counsel further submits that Mohd. Khalid has filed proceedings under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, which was registered as Case No.281 of 2006 (Mohd. Khalid Vs. Rukhsana Khatoon). Vide order dated 14.03.2014 passed by the Civil Judge (Senior Division), Maharajganj, decreed the suit, whereby the opposite party no.2 was directed to live with Mohd. Khalid. Learned counsel for the revisionist further submits that the opposite party no.2 was working as Naukrani at the house of revisionist and by mistake she got the Aadhar of the revisionist and then she cooked up the above mentioned case. Versus Counsel for Revisionist(s) : Pramod Kumar Singh, Tripathi B.G. Bhai Counsel for Opposite Party(s) : G.A., Ganesh Shanker Srivastava Abdul Rashid Shah .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) 4. On the other hand, learned counsel for the opposite party no.2 and learned AGA appearing for the State-opposite party no.1 stated that the opposite party no.2 is the legally wedded wife of the revisionist and the judgment and order of the trial court granting interim maintenance of Rs.3,000/- per month to the opposite party no.2 is perfectly justified and it does not warrant any interference by this Court. The application under Section 125 Cr.P.C. is still pending for final adjudication. 5. On 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, the order passed by the learned trial court dated 19.06.2024, the issue whether the opposite party no.2 is the legally wedded wife of the revisionist or not, shall be decided by the trial court after adducing the evidence by the parties concerned as the application under Section 125 Cr.P.C. filed by the revisionist is still pending adjudication. This fact was considered by the trial court that the opposite party no.2 had lived two and half years in the house of the revisionist as his wife. The amount of interim maintenance of Rs.3,000/- awarded by the trial court vide impugned order, keeping in view the inflation rate, medical expenses, education and other expenses to live in the society, the same cannot be said to be excessive, therefore, this Court is of the considered view that the revisionist has approached this Court against the order of interim maintenance, which does not require interference by this Court. 6. Accordingly, the instant criminal revision is dismissed. 7. However, it is expected from the trial court to proceed and decide the matter, specially the issue whether the opposite party no.2 is the legally wedded wife of the revisionist or not, after providing proper opportunity of hearing to the parties concerned to adduce their respective evidence, within a period of six months from the date of production of a certified copy of this order. September 19, 2025 Prajapati RK CRLR No. 3821 of 2024 2 (Madan Pal Singh,J.) Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad