Neutral Citation No. - 2025:AHC:73387 Court No. - 79 Case :- CRIMINAL REVISION No. - 5142 of 2024 Revisionist :- Rakesh Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rajesh Kumar,Saurabh Kumar Pandey Counsel for Opposite Party :- G.A. 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 prayer to set aside the judgment and order dated 09.08.2024 passed by Additional Principal Judge, Family Court, Etawah in Maintenance Case No.368/2022 (Gopshree vs. Rakesh) and allow this revision of revisionist. It is submitted by learned counsel for the revisionist that in this case opposite party no.2is wedded wife and now she is living apart without any reasonable excuse. He further submits that there was matrimonial dispute between both of them and they entered into compromise on 26.02.1997 and agreed to live together. In pursuance to that agreement they continued to live together as husband and wife. There were two children and now both of them are married. The revisionist was working in Handloom Corporation and now he has retired and gets pension Rs.3282/- only out of which Rs.3000/- per month as interim maintenance in favour of the wife is beyond his paying capacity. There is no any other source of income except some agricultural land. Learned trial court did not consider all these facts but allowed the application for interim maintenance from the date of application which cannot be said to be lawful, therefore, requests to set aside the order passed by the learned trial court and allow the revision and also to reduce the amount of maintenance. 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 passed by the learned trial court, it appears that the revisionist and opposite party no.2 are husband and wife. In the year 1997 there was dispute between the parties that was settled and both of them agreed to live together and they continued to live accordingly. There were two issues out of which one is son and the other is daughter and now they are married. The opposite party no.2 is living separate from him due to his neglect since as per the allegation made by the opposite party no.2 the revisionist is living with some other lady namely Sunita as husband and wife. This shows the neglect on the part of the husband and reasonable excuse for the wife to live separate from him. The revisionist has received the retiral funds, gratuity, insurance encashment etc. at his retirement and basic amount of pension has been fixed Rs.3282/- per month and he has agricultural land also as stated by him. In this way, it cannot be said that the amount fixed by the learned trial court as interim maintenance in favour of wife is more than sufficient or excessive but it is too less. Learned trial court has committed no error in passing the order dated 09.08.2024 in favour of opposite party no.2 while fixing Rs.3000/- per month as interim maintenance but this revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is dismissed at the admissions stage itself. Order Date :- 7.5.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad