HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4204 of 2025 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the revisionist, learned counsel for the opposite party as well as learned A.G.A. for the State and perused the material on record. The present criminal revision has been filed with a prayer to allow the revision and quash/set aside the impugned judgment and order dated 02.06.2025 passed by the learned court of Additional Family Judge, Family Court, Room No.1, Meerut, in Criminal Misc. Case No. 718 of 2019 (Smt. Shaili Chaudhary Vs. Puneet Kumar) under Section 125 Cr.P.C., Police Station Inchauli, District Meerut and further prays to stay the effect and operation of the aforesaid order. 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 reason and filed an application under Section 125 Cr.P.C. which was decided by the learned trial court by order dated 02.06.2025 fixing the amount of maintenance Rs. 10,000/- per month in favour of wife without assessing the income of the revisionist in proper manner. He also submits that the revisionist is a law graduate and works as Junior Advocate and has no sufficient income but is dependent on his parents. The opposite party no. 2 lodged several cases against the revisionist and members of his family, as a result he was expelled from his house by the father. He has no any independent source of income. It is also submitted that the wife/opposite party no. 2 is also highly qualified lady having M.A./B.Ed degrees, therefore, she is able to make earning and maintain herself. The learned trial Versus Counsel for Revisionist(s) : Ashish Tyagi, Kapil Tyagi Counsel for Opposite Party(s) : Alok Kumar, G.A., Shachi Singh Puneet Kumar .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) court has taken into consideration the purchase of bullet motorcycle while assessing the ability of the revisionist whereas it was purchased in the name of his cousin and is not owned by him. He was never involved in business of property dealing, therefore, request to set aside the order passed by the learned trial court and reduce the amount of maintenance. Learned counsel for the opposite party as well as learned A.G.A. for the State opposed the prayer as aforesaid and contended that in this case due to neglect and ill treatment by the revisionist and other members of his family the opposite party no. 2 started living separate from him. Father of the revisionist was Sub-Inspector in police. He has several properties including agricultural land. The revisionist is M.B.A. qualified and works in property dealing business. The details of account of the revisionist show credit of several amounts that disclose his income and efficiency. The bullet motorcycle was purchased by him but later on to avoid the claim of maintenance of wife he has transferred the motor cycle in the name of his cousin. As per the status of the revisionist and his family the learned trial court has fixed the amount of maintenance Rs. 10,000/- per month in favour of wife that cannot be said to be excessive or more than sufficient. On considering the facts and circumstances of the case, submissions made by learned counsel for the parties as well as learned A.G.A. and perusal of record, the order passed by the learned trial court dated 02.06.2025, it appears that due to neglect on the part of the revisionist, the opposite party no.2 is living apart from him. She was maltreated in her sasural and was compelled to live separate though she has M.A./B.Ed degrees but there is no any material on record to show that she makes income by teaching in any school or by taking tution. So far as the income of the revisionist is concerned he has also M.B.A. and L.L.B. degrees. The detail of account which was filed by the wife also shows the credit of amount Rs. 6,000/-, Rs. 9,400/-, Rs. 15,500/-, Rs. 10,000/-, Rs. 5,200/-, Rs. 4,500/-, Rs. 40,000/-, Rs. 12,000/-, Rs. 10,000/- into the account of the revisionist. All these entries also show that he is receiving amount in his account though he has not disclosed the source. As per status of the revisionist and the opposite party and their educational qualification the amount of maintenance Rs. 10,000/- per month in favour of wife cannot be said to be excessive or more than sufficient though any amount as interim maintenance or maintenance being received by the wife in the present case or in any other case shall be subject to adjustment in the present amount. CRLR No. 4204 of 2025 2 Accordingly, this criminal revision is dismissed. September 18, 2025 Suraj Srivastav CRLR No. 4204 of 2025 3 (Subhash Chandra Sharma,J.) Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad