Neutral Citation No. - 2025:AHC:81179 Court No. - 79 Case :- CRIMINAL REVISION No. - 4303 of 2024 Revisionist :- Abhay Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rajesh Kumar Pandey,Sunil Kumar Dwivedi Counsel for Opposite Party :- G.A.,Ram Raj Pandey,Shubham Pandey 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 judgment and order dated 03.07.2024 passed by the learned Principal Judge, Family Court, Bulandshahar in Criminal Misc. Case No.606 of 2020, C.N.R. No.UPBU02001753-2020(Smt. Arati vs. Abhay Singh) u/s 125 Cr.P.C., Police Station Aurangabad, District Bulandshahar whereby an award of maintenance of Rs.4000/- in favour of opposite party no.2/wife was awarded against the revisionist. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is second wife of the revisionist who entered into marriage with her in the year 2012 after death of his first wife. Further submitted that from the year 2018 she started living separate from him without any sufficient cause since he could not fulfill her expectations. He also submits that there are two children to the revisionist to maintain. He plies rickshaw and earns Rs.6000 to Rs.7000/- per month out of which he is to maintain himself and his children. On the other hand, the opposite party no.2 the wife is working in nursing home and makes earning. This has been disclosed by father of the opposite party no.2 when he was examined u/s 244 Cr.P.C. in complaint case. It shows that she is able to maintain herself even though the learned trial court has fixed the amount of Rs.4000/- per month as maintenance in favour of wife which is excessive and beyond the paying capacity of the revisionist and therefore, request to set aside the order dated 03.07.2024 and reduce the amount so fixed as maintenance. Learned counsel for the opposite party opposed the prayer as aforesaid and contended that the revisionist has sufficient agricultural land and also keeps buffaloes and makes income from agricultural produce and milking of buffaloes. He also makes income by plying rickshaw, therefore, it cannot be said that he is not in a position to make payment of Rs.4000/- per month to his wife who is living separate from him as a result of his misbehaviour and harassment. The amount of maintenance Rs.4000/- per month in favour of wife cannot be said to be more than sufficient. The father of the opposite party no.2 has though stated before the learned court that she earns Rs.1200/- per month by working as labourer in nursing home. She is not qualified as nurse, therefore, it cannot be said that she works as a nurse in any nursing home. Since she has no means to maintain herself and that is the reason the revisionist is under legal obligation to maintain her. 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 court, it appears that the opposite party no.2 is living separate from the husband with sufficient reason as a result of harassment on the part of the revisionist. It also appears that in the year 2011 after death of first wife of the revisionist he married with the present wife/opposite party no.2, thereafter, she was beaten by him and also subjected to ignorance that was the reason she started living in here maika. Thereafter, the revisionist filed a case for divorce though later on he withdrew this case. All these facts show that she has sufficient reason to live separate from the husband. From the year 2018 she is in her father's house and no any amount has been provided by the revisionist for her maintenance. The amount of Rs.4000/- per month to the wife as maintenance cannot be said to be more than sufficient, therefore, there appears no any ground to reduce the amount of maintenance as fixed by the learned trial court. There appears no any illegality or impropriety in the order passed by the learned trial court, therefore, it does not warrant any interference by this Court. However, it is directed that the revisionist shall make payment of amount of arrears of maintenance in 12 equal installments alongwith the current amount of maintenance. Accordingly, this criminal revision is, hereby, disposed of at the admission stage itself. Order Date :- 16.5.2025/Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad