HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5440 of 2025 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the material on record. This criminal revision has been filed with a prayer to allow the present revision and set aside the judgment and order dated 24.07.2025 passed by the learned Session Judge, Etawah in Criminal Appeal No. 111 of 2024, (Manoj Kumar Vs. State of U.P. and another) as well as judgment and order dated 23.11.2024 passed by the learned Judicial Officer Village Court, Saifai Etawah in Case No. 774 of 2021 (Anupam Kumari Vs. Manoj Kumar @ Ramu and another) under Section 12 of Protection of Women from Domestic Violence Act, 2005 and further prays to stay the effect and operation of the aforesaid orders. It is submitted by learned counsel for the revisionist that in this case an application under Section 12 of Protection of Women from Domestic Violence Act was filed by the wife/opposite party no. 2 which was decided by the learned trial court by order dated 23.11.2024 for the amount of Rs. 1,500/- per month as rent for alternate accommodation and Rs. 1,000/- per month as maintenance and Rs. 30,000/- to be paid lump-sum for physical and mental torture. Against this order an appeal was filed before the learned court of Sessions which was partly allowed and the order for amount of Rs. 1,000/- per month as maintenance was set aside and remaining part of order as passed by the learned Magistrate was affirmed. He further submits that the opposite party no. 2/the wife herself misbehaved with the revisionist and started living apart from him though he is willing to keep her as wife. The Versus Counsel for Revisionist(s) : Prabhat Chandra Mishra Counsel for Opposite Party(s) : G.A. Manoj Kumar .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) learned trial court without considering the facts of the case and evidence on record passed the order dated 23.11.2024. The amount so fixed by the learned trial court is excessive and unreasonable since he has not misbehaved with the wife. He also submits that several cases have been filed by her against the revisionist for harassing him, therefore, there is no physical or mental torture on the part of husband but it is on the part of wife with the revisionist, therefore, request to set aside the orders passed by the learned Magistrate dated 23.11.2024 and also the learned Appellate Court dated 24.07.2025. Learned A.G.A. opposed the prayer as aforesaid. On considering the facts and circumstances, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, the orders passed by the learned Magistrate dated 23.11.2024 as well as the learned Appellate Court dated 24.07.2025, it appears that after trial the learned trial court has fixed the amount of Rs. 1,500/- per month as rent for accommodation, in case, no accommodation is being given to the wife in Sajha Grashti and Rs. 30,000/- to be paid lump-sum for physical and mental torture with the wife. Rs. 1,000/- per month were fixed as monthly maintenance for the wife which has been set aside by the learned Appellate Court while deciding the appeal. Learned Appellate Court has considered all the facts and evidence on record and then passed the order dated 24.07.2025 by which he partly allowed the appeal and the amount fixed for maintenance Rs. 1,000/- per month has been set aside and remaining part of the order as passed by the learned Magistrate has been affirmed. In this way, there appears no any illegality or impropriety in the order passed by the learned Appellate Court dated 24.07.2025 but this criminal revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is, hereby, dismissed. September 22, 2025 Suraj Srivastav CRLR No. 5440 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad