HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5730 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 record. The present criminal revision has been filed with a prayer to allow the revision and set aside the judgment and order dated 24.07.2025 passed by the learned Additional Principal Judge, Family Court No. 2 Prayagraj in Maintenance Case No. 422 of 2024 (Smt. Radhika Yadav Vs. Abhishek Yadav), under Section 125(1) Cr.P.C., Police Station Jhunsi, District Prayagraj. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife of the revisionist who was wedded in the year 2016 and without any sufficient cause she started living separate from him in her maika from the year 2024 and filed an application under Section 125 Cr.P.C. with an application for interim maintenance which was decided by the learned trial court vide order dated 24.07.2025 fixing the amount of interim maintenance Rs. 5000/- per month in favour of wife from the date of order. Further submitted that the opposite party no. 2/wife has stated about the revisionist to be an engineer in NTPC, Company Shaktinagar, Sonbhadra and getting Rs. 90,000/- per month as salary but this is totally false and the revisionist is unemployed and have no any job and making preparation for competitive examination. It is also submitted that on the other hand, the opposite party no. 2/wife is highly educated lady and able to make earning by giving tuition, therefore, she is not entitled for maintenance and order passed by learned trial court without considering these facts, therefore, Versus Counsel for Revisionist(s) : Pushpendra Singh Niranjan, Rajesh Kumar Pandey Counsel for Opposite Party(s) : G.A. Abhishek Yadav .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) request to set it aside and allow the revision and reduce the amount as fixed by the learned trial court. 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 admittedly the revisionist and opposite party no. 2 are husband and wife and marriage was performed in the year 2016. Due to neglect on the part of the revisionist she is living apart from him from the year 2024. There is no any material on record to show that the revisionist is working as Engineer in NTPC, Company Shaktinagar, Sonbhadra and getting salary as aforesaid and also nothing to show that the opposite party is earning handsome income by getting tuition. The amount of interim maintenance as fixed by the learned trial court Rs. 5000/- per month in favour of wife cannot be said to be excessive or more than sufficient. In case, the revisionist is assumed to be working as laborer, he will make earning Rs. 12,000/- to 15,000/- per month even at the rate of Rs. 400/- to 500/- per day. In this way, the order passed by learned trial court dated 24.07.2025 cannot be said to be illegal and 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 23, 2025 Anurag Singh CRLR No. 5730 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad