Neutral Citation No. - 2025:AHC:133798 Court No. - 91 Case :- CRIMINAL REVISION No. - 6569 of 2024 Revisionist :- Smt. Laxmi Soni And Another Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Anand Kumar Yadav,Virendra Kumar Tiwari Counsel for Opposite Party :- G.A.,Hare Krishna Tripathi Hon'ble Sandeep Jain,J. Heard the learned counsel for the parties and perused the record. By way of present criminal revision, the wife and the minor son have challenged the impugned order dated 15.11.2024 passed by the Principal Judge Family Court Lalitpur in Case No.723 of 2021 (Smt. Laxmi and another vs. Neeraj Soni) under Section 125 Cr.P.C., P.S. Kotwali, District Lalitpur by which the trial court has enhanced the maintenance under Section 125 Cr.P.C. from Rs. 1,500/- to Rs. 3,000/- per month (Rs. 2000/- to the wife and Rs. 1,000/- to the minor son). Learned counsel for the revisionist has submitted that the impugned order is illegal because only a paltry amount has been awarded to the wife and minor children. The minor son has started going to school as such there are certain educational expenses to be incurred by the wife and also the cost of living is going up but the trial court has not considered these aspects and has only awarded a paltry amount. Learned counsel further submitted that the respondent-husband is running a pharmaceutical shop, who possesses a degree of pharmacist, who has concealed his income. The trial court has very conservatively estimated the income of the husband, which in reality is much more than assessed by the trial court. Learned counsel further submitted that in view of the qualifications possessed by the husband and the business, which is being carried by him, a minimum of Rs. 10,000/- p.m. maintenance be awarded to the wife and the minor son. Per-contra, learned counsel for the husband-opposite party no.2 has submitted that the trial court has passed a well reasoned order, in which it has duly considered the profession of the husband. Learned counsel submitted that there is no documentary proof of the income of the husband that he is earning Rs. 50,000 or 1 lakh per month. Learned counsel further submitted that the maintenance awarded under Section 125 Cr.P.C. can be enhanced in future keeping in view the changed circumstances. With these submissions, it was prayed that the criminal revision be dismissed. I have heard the learned counsel of both the sides and perused the record. It is admitted to the parties that the husband is a qualified pharmacist who is running a pharmaceutical shop with his elder brother. According to the husband, he is only an employee at the pharmaceutical shop, the owner being his elder brother but no documentary proof in respect to this has been filed by the husband. No documentary proof regarding the salary paid to the husband or the turnover of the shop i.e. GST return filed monthly, has been filed by the husband in support of his defence, which shows that the husband has in reality tried to conceal and suppress his income so that the trial court may not assess correctly, his income. The husband has made every effort to conceal his income. It is also evident that the husband is already paying Rs. 4,500/- per month towards maintenance under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and the trial court has only enhanced the maintenance under Section 125 Cr.P.C. from Rs. 1,000/- per month to Rs. 3,000/-, which is inadequate keeping in view the prevailing rate of inflation, the cost of housing and education and for fulfilling the basic needs of survival. In view of the above facts and circumstances, the maintenance awarded in the impugned order, is liable to be modified i.e. increased. Accordingly, the maintenance awarded to the wife is enhanced from Rs. 2,000/- to Rs. 3,000/- and to the minor son from Rs. 1,000/- to Rs. 2,000/- per month. This enhanced rate of maintenance will be applicable from today. Accordingly, the revision is allowed. Order Date :- 7.8.2025/Mayank Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad