Neutral Citation No. - 2025:AHC:101165 Court No. - 84 Case :- CRIMINAL REVISION No. - 538 of 2024 Revisionist :- Smt Reena Rani And 2 Others Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Anshul Pathak,Rahul Singh Dahiya Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Notice has been served through WhatsApp to the opposite party no. 2 but none appeared on his behalf. Heard learned counsel for the revisionists as well as learned A.G.A. for the State and perused the material on record. This criminal revision has been filed with a prayer to allow the present revision and partly set aside the impugned order dated 07.12.2023 passed by the learned Additional Principal Judge, Family Court, Court No. 2, Bulandshahar in Maintenance Case No. 825 of 2021 (Smt. Reena Rani Vs. Vikram Singh) under Section 125 of Cr.P.C., Police Station Kotwali City, District Bulandshahar to the extent that the amount awarded by the learned court as maintenance i.e. a total of Rs. 18,000/- per month be set aside and the same be enhanced to Rs. 40,000/- from the date of filing of the application i.e. 10.08.2021 in the facts and circumstances of the case and further pray to direct the opposite party no. 2 to pay an amount of Rs. 40,000/- per month as maintenance towards the revisionist and her minor children during the pendency of present revision. It is submitted by learned counsel for the revisionists that in this case revisionist no. 1 is wedded wife, revisionist nos. 2 and 3 are minor daughter and son of the opposite party no. 2 Marriage was performed on 29.11.2013 and out of the wedlock two minor children as aforesaid were born. Now, they are aged about 10 and 8 years. On account of neglect on the part of husband/opposite party no. 2 the revisionist no. 1 was compelled to live in her maika with minor children from the year 2021 and no any amount was given by him for expenses, therefore, she moved an application under Section 125 Cr.P.C. before the learned Family court which was decided by order dated 07.12.2023 fixing the amount of maintenance Rs. 8,000/- per month in favour of wife and Rs. 5,000/- per month to each child, total Rs. 18,000/- out of monthly income of opposite party no. 2, i.e. Rs. 68,598/-. He further submits that the amount of maintenance as fixed by the learned trial court is less than sufficient and disproportionate to the income of opposite party no. 2, therefore, request to enhance the amount of maintenance of revisionists. Learned A.G.A. opposed the prayer as aforesaid and contended that in this case the learned trial court has fixed the amount of maintenance taking into consideration the deductions and liabilities of the husband/ opposite party no. 2. He works in Army and gets salary Rs. 68,598/- per month out of which Rs. 35,800/- are deducted for D.H.S.L. policy, home loan, A.G.I. and A.P.P.F. After deduction of Rs. 35,800/- about Rs. 35,000/- are remaining out of which Rs. 18,000/- per month in total are to be given for maintenance to wife and two minor children. The amount of maintenance as fixed by the learned trial court cannot be said insufficient and inappropriate. On considering the facts and circumstances of the case, submissions made by learned counsel for the revisionists as well as learned A.G.A. and perusal of record, the order passed by the learned trial court dated 07.12.2023, it appears that admittedly revisionists are wife and minor children of opposite party no. 2 who married to revisionist no. 1 in the year 2013 and was working in Army and getting salary Rs. 68,598/- per month. He is posted in Kargil. Due to his neglect the revisionists are living apart from him. In the affidavit filed by the opposite party no. 2 he has shown the deductions of Rs. 35,800/- per month from his monthly salary that is Rs. 68,598/- out of which Rs. 8,000/- has been fixed as amount of maintenance in favour of wife and Rs. 5,000/- per month to each child, total amount of maintenance Rs. 18,000/- per month. Taking into consideration the amount of deductions and the amount as fixed for maintenance, Rs. 15,000/- are left with opposite party no. 2 for his personal expenses. In this way, the amount fixed by the learned trial court cannot be said to be insufficient or inappropriate. However, if circumstances change the revisionists may have an option to move an application before the learned trial court under Section 127 Cr.P.C. for change in the amount of maintenance. Accordingly, there appears no any ground to make interference in the order passed by the learned trial court dated 07.12.2023 fixing the amount of maintenance as aforesaid but this revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is, hereby, dismissed at the admission stage itself. Order Date :- 1.7.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad