Neutral Citation No. - 2025:AHC:60402 Court No. - 79 Case :- CRIMINAL REVISION No. - 711 of 2025 Revisionist :- Rajendra Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rakesh Dubey Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Supplementary affidavit filed by learned counsel for the revisionist today is taken on record. 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 impugned order dated 11.12.2024 passed by Principal Judge, Family Court, Mathura in Maintenance Case No.945 of 2022 (Smt. Tannu Bamil vs. Rajendra Kumar) whereby the maintenance application under Section 125 Cr.P.C. preferred by the opposite party no.2 is allowed and the revisionist is directed to pay maintenance amount of Rs.15,000/- per month from the date of presentation of application. It is submitted by learned counsel for the revisionist that in this case the revisionist is husband of opposite party no.2 who is living separate from him without any reasonable excuse. Further submitted that the revisionist is working in Navy and gets monthly salary Rs.71,967/- out of which other deductions are also made from the salary. Learned trial court has fixed the amount of maintenance Rs.15,000/- per month which is excessive. He also submits that another complaint u/s 12 Protection of Women from Domestic Violence Act was also filed by the wife in which Rs.5000/- has been fixed as maintenance and that amount is also being paid by the revisionist which must be adjusted in the amount of monthly allowance for maintenance. The learned trial court by order dated 11.12.2024 though directed that the amount of interim maintenance/maintenance received by the wife prior to the order be subject to adjustment even though the amount of maintenance is not being adjusted. It is also submitted that order for payment of maintenance has been passed from the date of application on the place of date of order. In this way, the order in question cannot be said to be lawful, therefore, request to set it aside and allow the revision. Learned A.G.A. has no objection in this regard. 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 dated 11.12.2024 in an application u/s 125 Cr.P.C., it appears that the opposite party no.2 is wedded wife of the revisionist. She is living in her maika due to misbehaviour on the part of the husband/revisionist regarding which a Case u/s 498A, 323, 504, 506, 307, 376, 328, 345 I.P.C. & Section 3/4 Dowry Prohibition Act has also been got registered. The opposite party no.2/wife is a domestic lady and has no means to earn her livelihood. There is nothing on record to show that she makes earning either by teaching in private school or tuition or by sewing clothes. The revisionist being husband of opposite party no.2 is under legal obligation to maintain her according to her status. As per the salary slip for the month of December, 2023 his salary was found to be Rs.73,035/- out of which Rs.15,000/- has been fixed as monthly allowance for maintenance in favour of opposite party no.2 which is less than 25 percent of his monthly income. The statement of the entitlement for the month of March, 2024 has been filed with supplementary affidavit by the revisionist which also shows monthly salary of the revisionist Rs.71,967/- and the amount of total debit Rs.39,517/-. The amount so fixed by the learned trial court as maintenance for the wife cannot be said to be excessive in view of the income and status of the husband and wife. The amount paid by the revisionist as interim maintenance/maintenance to the wife has also been directed to be adjusted in the amount of maintenance as fixed. The opposite party no.2 will get the amount of maintenance that will be subject to adjustment in the amount received by her as interim maintenance/maintenance. So far as the adjustment of amount of interim maintenance i.e. Rs.5000/- received by the wife in the Complaint Case u/s 12 Protection of Women from Domestic Violence Act is concerned, the revisionist may file an application before the learned court concerned for the adjustment of the amount and the learned trial court will pass proper order in this regard as per law. Accordingly, this criminal revision is disposed of finally. Order Date :- 22.4.2025/Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad