Neutral Citation No. - 2025:AHC:105602 Court No. - 84 Case :- CRIMINAL REVISION No. - 356 of 2025 Revisionist :- Prabhat Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Devansh Misra Counsel for Opposite Party :- Amit Kumar,G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist, learned counsel for opposite party no. 2 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 10.12.2024 passed by the learned Principal Judge, Family Court, Court, Saharanpur in Case No. 959 of 2024, under Section 125(2) Cr.P.C. It is submitted by learned counsel for the revisionist that in this case, the learned trial court has allowed the application for interim maintenance vide order dated 10.12.2024 without considering the grounds on the basis of which maintenance/interim maintenance is to be allowed. He specifically press the provisions as contained under Section 125(4) Cr.P.C. that "No wife shall be entitled to receive an [allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent." Further submitted that the learned trial court has not given any finding on the issue that the wife is living separate from him with sufficient reason but granted the amount of Rs. 8000/- per month as interim maintenance, therefore, the order passed by the learned trial court cannot be said to be in conformity with the provision of law as contained under Section 125 Cr.P.C. which is liable to be set aside and the revision is to be allowed. Learned counsel for opposite party no. 2 as well as learned A.G.A. opposed the prayer as aforesaid but could not dispute the fact that the learned trial court has not given any finding on the issue that the wife is living separate from the husband with sufficient reason. On considering the submissions made by learned counsel for the parties as well as learned A.G.A. perusal of record and order dated 10.12.2024 passed by the learned trial court, it appears that there is registered marriage between both of parties though it has been challenged before the learned court under Section 11 Hindu Marriage Act but still both are husband and wife. No decree of dissolution of marriage has been passed till passing the order in question. On an application for interim maintenance the learned trial court has elaborately considered all the facts of the case but nowhere recorded any finding on the fact that the opposite party no. 2, the wife is living separate from him with sufficient reason, though it is required to be considered while passing the order even on an application for interim maintenance. In this way, the order passed by learned trial court cannot be said to be passed in conformity with the provisions of law, therefore, it cannot sustain and is liable to be set aside. Thus the order dated 10.12.2024 passed by the learned trial court is hereby set aside and this criminal revisionist is allowed. The learned trial court is directed to pass the order afresh within one month after giving opportunity of hearing to both the parties in accordance with law without granting any unnecessary or long adjournment to either of the parties, if there is no other legal impediment. Order Date :- 7.7.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad