HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5254 of 2025 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the revisionist as well as learned A.G.A. and perused the material on record. This criminal revision has been filed by the revisionist with prayer to set aside the impugned judgment and order dated 06.06.2025 passed by the learned Principal Judge, Family Court, Aligarh in Criminal Misc. Case No. 419 of 2024 (Smt. Mehrun Nisha Vs. Abid Ali), under Section 125 Cr.P.C., Police Station Quarsi, District Aligarh. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife of the revisionist who is living apart from him without any sufficient cause and filed an application under Section 125 Cr.P.C. with an application for interim maintenance which was decided vide order dated 06.06.2025 fixing the amount Rs. 5000/- per month in favour of wife from the date of application as maintenance. Further submitted that the revisionist is unemployed person and pursuing study in M.A. and has no any source of regular income. The opposite party no. 2 was making pressure to live in a rented house separate from his family but he was not able to live in a rented house and he assured her that he will live separate from his family after getting employment. On this issue, she became annoyed and she went to her maika and filed the present application. The learned trial court has fixed the amount as aforesaid without considering the fact that the revisionist is unemployed and have no any source of regular income and the opposite party no. 2 is living separate from him without any sufficient cause, therefore, request to set aside the order passed by learned trial court and Versus Counsel for Revisionist(s) : Akhilesh Counsel for Opposite Party(s) : G.A. Abid Ali .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) reduce the amount. 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 in this case, the marriage between the parties was performed in the year 2021, later on a female child was born with the wedlock but after birth she died, thereafter the opposite party no. 2 was maltreated by the revisionist and members of his family that was the reason she, under compulsion, went to live in her maika with her widow mother. She has no any source of income but dependent on his mother. There is no any material on record to show that the revisionist has any source of regular income, so the learned trial court has assumed the income of the revisionist at the rate of Rs. 505/- per day as minimum wages fixed by the State and Rs. 13120/- in a month out of which Rs. 5000/- per month has been fixed in favour of wife as interim maintenance. Since the opposite party no. 2 is living separate from him due to his neglect and revisionist being able bodied person is under legal obligation to maintain his wife, therefore, order passed by learned trial court dated 06.06.2025 cannot be said to be illegal or in appropriate but this revision being devoid of merit is liable to be dismissed at the admission stage itself. Accordingly, this criminal revision is dismissed. September 16, 2025 Anurag Singh CRLR No. 5254 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad