Neutral Citation No. - 2025:AHC:67542 Court No. - 79 Case :- CRIMINAL REVISION No. - 4286 of 2024 Revisionist :- Srikant Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Santosh Kukmar Tiwari Counsel for Opposite Party :- G.A.,Sandeep Tripathi Hon'ble Subhash Chandra Sharma,J. No one is present on behalf of opposite party no. 2 even in the revised list/call. 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 order dated 18.07.2024 passed by the learned Principal Judge, Family Court, Shamli at Kairana in Case No. 82 of 2021 (Smt. Anu Kumari Vs. Srikant), under Section 125 Cr.P.C., Police Station Kotwali Shamli, District Shamli. It is submitted by learned counsel for the revisionist that in this case, opposite party no. 2 is his wife who is living separate from him without any reasonable excuse and filed an application u/s 125 Cr.P.C. before the learned trial court which has been decided vide order dated 18.07.2024 and amount Rs. 8000/- has been fixed as maintenance in her favour. Further submitted that there is a girl namely Pankhudi who is living with the revisionist that was the reason application to her extent was dismissed. The amount Rs. 5000/- has also been fixed as maintenance under Section 24 of the Hindu Marriage Act in Case No. 1590 of 2020 against which he has filed First appeal before this Court that is First Appeal Defective No. 703 of 2024 and decided by this Court on 18.11.2024. The revisionist was working in Spice Jet Airlines Company but now he does not work in that company. At that time, he was getting Rs. 14000/- per month as salary, therefore, the amount Rs. 8000/- per month is excessive, since at present he is an unemployed person and not in capacity to make payment of Rs. 8000/- per month as maintenance, therefore, request to set aside the order passed by the learned trial court dated 18.07.2024. 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 dated 18.07.2024, it appears that the marriage between both the parties was performed in the year 2016 and out of wedlock a daughter namely Pankhudi was born who is admittedly living with the revisionist, thereafter, due to neglect on the part of the revisionist wife started living separate from him and filed an application u/s 125 Cr.P.C. in which the learned trial court has fixed the amount Rs. 8000/- per month as maintenance in her favour after considering his education that is graduate and I.T.I. diploma. The revisionist was working in Spice Jet Airlines Company and was getting Rs. 14,000/- per month salary but thereafter, he left his job and states himself to be an unemployed person. He has not disclosed his present income before the learned trial court that is the reason the learned trial court has concluded that the revisionist has knowingly concealed his present income. As a result, keeping in view the status of the revisionist and wife, the amount Rs. 8000/- per month has been fixed. As per submission made by learned counsel for the revisionist that a case under Section 13 Hindu Marriage Act was filed in which under Section 24 Hindu Marriage Act interim maintenance Rs. 5000/- per month was also fixed against which First Appeal Defective No. 703 of 2024 was also filed before this Court which was decided vide order dated 18.11.2024 in which the amount of present case was also considered and in para no. 14 it was observed that subject to the appellant continuing to comply with the order dated 18.07.2024 passed under Section 125 Cr.P.C. from July, 2024 onwards, the appellant may not be compelled to make any separate compliance towards maintenance allowance awarded under impugned order. In this way, the revisionist is to make payment of amount of maintenance as determined by the learned trial court in an application u/s 125 Cr.P.C. vide order dated 18.07.2024. In considered opinion of this Court, there is no any illegality or impropriety in the order passed by learned trial court dated 18.07.2024 but this revision being devoid of merit is liable to be dismissed at the admission stage. Accordingly, this criminal revision is dismissed. Order Date :- 30.4.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad