Neutral Citation No. - 2025:AHC:133519 Court No. - 84 Case :- CRIMINAL REVISION No. - 4257 of 2025 Revisionist :- Arvind Rawat Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ravi Shanker Rawet 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. and perused the record. This criminal revision has been filed by the revisionist with prayer to set aside the impugned judgment and order dated 25.07.2025 passed by the learned Additional Principal Judge, Family Court, Court No. 3, Allahabad in Maintenance Case No. 1133 of 2021 (Divya Rawat Vs. Arvind Rawat), under Section 125 Cr.P.C., Police Station Kydgan, District Prayagraj/Allahabad. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife who was wedded in the year 2021. Without any sufficient cause she left her matrimonial house and started living apart from him in her maika. She filed an application under Section 125 Cr.P.C./144 BNSS with an application for interim maintenance which was decided vide order dated 25.07.2025 fixing the amount of Rs. 4000/- per month as interim maintenance in favour of wife. Further submitted that the revisionist is an unemployed person and by working as Office Assistant at Private Contractor Supplier, he gets Rs. 7200/- per month out of which he is to maintain his old mother and himself. The amount so fixed by the learned trial court is excessive and beyond his paying capacity. The opposite party no. 2 is expert in sewing and also operates beauty parlor by which she earns Rs. 30,000/- per month and is able to maintain herself, hence she is not entitled for maintenance from the husband, 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. 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 wife of the revisionist and living separate in her maika due to neglect on the part of the revisionist. There was compromise between the parties in a case under Section 9 Hindu Marriage Act and matter was settled. Again she was misbehaved by the revisionist that was the reason she started living apart from him. There is nothing on record to show that she is expert in sewing and operates beauty parlor or other work to make income about Rs. 30,000/- per month, therefore, it cannot be said that she has sufficient means to maintain herself. The revisionist being husband and able bodied person is under legal obligation to maintain his wife. The amount of maintenance Rs. 4000/- per month in favour of wife cannot be said to be excessive or beyond his paying capacity. Thus, there appears no any illegality or impropriety in the order passed by learned trial court and it does not warrant interference by this Court but this revision being devoid of merit is liable to be dismissed at the admission stage. Accordingly, this criminal revision is dismissed. Order Date :- 7.8.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad