cropped up that on 21st July, 2020, opposite party no.2 filed the instant application under Section 125 Cr.P.C. against the revisionist for monthly maintenance allowance wherein the revisionist filed his objection on 19th April, 2023. Whereafter, at the time of disposal of interim maintenance allowance application in the proceedings under Section 125 Cr.P.C., the revisionist filed an application under Section 125 (4) Cr.P.C. stating therein that since the opposite party no.2 is living separately from her husband i.e. the revisionist without any sufficient reasons, therefore, she is not entitled to get any maintenance allowance. However, the Principal Judge, Family Court, Hathras vide order dated 9th February, 2024 allowing Paper No. 32A filed by opposite party no.2 and awarding interim maintenance allowance in favour of opposite party no.2 has rejected the application of the revisionist under Section 125 (4) Cr.P.C. on technical ground. Against the order dated 9th February, 2024, the revisionist has approached this Court earlier by means of Criminal Revision Defective No. 910 of 2024 (Vibhor Maheshwari Vs. State of U.P. & Another) and a Coordinate Bench of this Court vide order dated 27th May, 2024 has set aside the order dated 9th February, 2024 and while remanding the matter back, directed the Principal Judge, Family Court, Hathras to decided the application of the revisionist under Section 125 (4) Cr.P.C. afresh. The said order of Coordinate Bench has already been quoted in the interim order dated 22nd August, 2025 passed in the present criminal revision. This time again, the trial court has adopted hyper technical view while rejecting the application of the revisionist under Section 125 (4) Cr.P.C. vide order dated 21st June, 2024 on the ground that such application has not been supported by any affidavit and also on the ground that the trial court cannot ask the opposite party no.2 to go with the revisionist and live with him . Whereafter by passing the final judgment i.e. impugned judgment dated 29th August, 2024 in the instant proceedings under Section 125 Cr.P.C. the same Principal Judge, Family Court, Hathras in paragraph no. 16 while deciding issue no.3 has held that opposite party no.2 has a reasonable cause to live separately from her husband and accordingly, the Principal Judge has awarded maintenance allowance to the tune of Rs. 4,500/- per month to opposite party no.2.The relevant portion of the said judgment is quoted hereunder:
