HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 6716 of 2025 Court No. - 85 HON'BLE MADAN PAL SINGH, J. 1. Heard Shri J.S. Parihar, learned counsel for the revisionist, Sri K.D. Awasthi, learned counsel for opposite party no. 2, learned A.G.A. for the State, and perused the record. 2. This criminal revision has been filed by the revisionist seeking to set aside the order dated 08-09-2025 passed by the learned Principal Judge, Family Court, Auraiya, in Maintenance Case No. 156 of 2023, under Section 125 Cr.P.C., whereby the learned trial court directed the revisionist to pay Rs. 4,000/- per month to opposite party no. 2 from the date of the application. 3. Learned counsel for the revisionist contends that the maintenance amount awarded by the learned trial court is excessive and disproportionate to his income. He further submits that the marriage of the revisionist with opposite party no. 2 was performed without any demand for dowry and that no harassment was ever caused by the revisionist to opposite party no. 2. It is further submitted that the revisionist is a retired employee of the Indian Army and is receiving a monthly pension of Rs. 31,000/-, having no other source of income. He has other family liabilities to discharge; therefore, the amount awarded by the learned trial court is beyond his financial capacity and deserves to be reduced. Lastly, it is Versus Counsel for Revisionist(s) : Jai Singh Parihar Counsel for Opposite Party(s) : G.A., Krishna Dutt Awasthi Ombir Singh .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) submitted that after filing of the application under Section 125 Cr.P.C., opposite party no. 2 withdrew Rs. 6 lakh from the joint account without any information to the revisionist, and the same ought to be duly adjusted while determining maintenance. 4. On the other hand, learned counsel for opposite party no. 2 submitted that, keeping in view the present scenario and the cost of living, the amount of Rs. 5,000/- per month awarded by the trial court cannot be considered excessive. Hence, the impugned order passed by the trial court does not call for interference by this Court. 5. Considering the facts and circumstances of the case, the submissions advanced by the learned counsel for the parties as well as the learned A.G.A., it is an admitted fact that opposite party no. 2 is the legally wedded wife of the revisionist. So far as the income of the revisionist is concerned, he is a retired employee of the Indian Army and is receiving a monthly pension of Rs. 31,000/-. Keeping in view the law laid down by the Hon’ble Supreme Court in Rajnesh vs. Neha and Another, (2021) 2 SCC 324; Kalyan Dey Chowdhury vs. Rita Dey Chowdhury Nee Nandy, AIR 2017 SC 2383; and Kulbhushan Kumar vs. Raj Kumari, (1970) 3 SCC 129, it has been held that maintenance may be granted up to the extent of 25% of the husband’s net income. Accordingly, 25% of Rs. 31,000/- comes to Rs. 7,750/- per month, which is higher than the amount awarded by the learned trial court. Further, while deciding Issue Nos. 2 and 3, it has come on record that opposite party no. 2 has herself admitted that she withdrew Rs. 6 lakhs from the joint account without informing the revisionist, on account of the illness of her father. 6. The revisionist, being an able-bodied person, cannot shirk his legal obligation to maintain his wife. The maintenance of Rs. 5,000/- per month awarded by the trial court cannot be said to be excessive. Hence, the impugned order passed by the trial CRLR No. 6716 of 2025 2 court does not warrant interference by this Court. 7. Accordingly, the present criminal revision is dismissed. 8. However, since it is admitted by opposite party no. 2 that she had withdrawn Rs. 6 lakhs from the joint account without informing the revisionist during the pendency of the application under Section 125 Cr.P.C., the same shall be given due adjustment in the amount awarded by the trial court. March 18, 2026 pks CRLR No. 6716 of 2025 3 (Madan Pal Singh,J.) Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad