HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5560 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 prayer to allow the revision and to set aside/modify the impugned judgment and order dated 23.07.2025 passed by Principal Judge, Family Court, Jhansi in Maintenance Case No.1405 of 2023 (Smt. Punam Kushwaha and another vs. Kamlesh Kushwaha) under Section 125 Cr.P.C., Police Station Mauranipur, District Jhansi. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is wife and opposite party no.3 is minor child of the revisionist. Further submitted that the revisionist never subjected the opposite party no.2 to torture and harassment even though she is living apart from him from the year 2023 whereas marriage was performed in the year 2017. She filed an application u/s 125 Cr.P.C. which was decided by the learned trial court by order dated 23.07.2025 fixing the amount of maintenance Rs.3000/- per month in favour of wife and Rs.2000/- per month in favour of minor child. Further submits that she has entered into second marriage with some other person namely Dharmesh @ Bhoora who is resident of village Rupa Dhamna, Police Station Mauranipur, District Jhansi and now she is living with him in adultery. Further submits that he has no regular source of income. He was operating a computer shop of photo copy at Barua Sagar. He had an agency for preparing Pan Card but it is not renewed from the year 2022. Now he has no any income to make payment of amount of maintenance to the wife even though learned trial court has fixed the amount Versus Counsel for Revisionist(s) : Akash Balmik Counsel for Opposite Party(s) : G.A. Kamlesh Kushwaha .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s) which is beyond his paying capacity, therefore, request set aside the order dated 23.07.2025 and allow the revision. Learned A.G.A. opposed the prayer as aforesaid. 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 the order dated 23.07.2025 passed by the learned trial court, it appears that the revisionist and opposite party no.2 were married to each other in the year 2017 and out of wedlock there was minor child. Thereafter, due to neglect she started living apart from him in her maika with minor child and moved an application u/s 125 Cr.P.C. The learned trial court has fixed the amount of maintenance Rs.3000/- per month in favour of wife and Rs.2000/- per month in favour of minor child assuming the income Rs.15,000/- per month as labourer. The amount so fixed by the learned trial court cannot be said to be excessive or beyond his paying capacity as he being able bodied person is under legal obligation to maintain his wife and minor child living apart from him due to his neglect and it requires no interference by this Court. So far as the allegation of the revisionist in relation to the wife/opposite party no.2 that she is living in adultery with some other perosn is concerned, there is no any material on record to show that she is living with some Dharmesh @ Bhoora, therefore, at this stage it cannot be concluded that she is living in adultery. In case the revisionist has material in this regard he may have an option to move an application before the learned trial court u/s 125(4),(5) and u/s 127 Cr.P.C. to cancel the order dated 23.07.2025 on the ground of adultery of wife. Accordingly, this criminal revision is disposed of. September 24, 2025 Ashok Gupta CRLR No. 5560 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad