Neutral Citation No. - 2025:AHC:36017 Court No. - 80 Case :- CRIMINAL REVISION No. - 1002 of 2024 Revisionist :- Smt Supriya Pandey And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Abhishek Shekhar Ojha,Anurag Kumar Ojha,Parmatma Nand Ojha Counsel for Opposite Party :- G.A.,Rakesh Chandra Hon'ble Ram Manohar Narayan Mishra,J. 1. Instant criminal revision has been preferred against the judgment and order dated 5.1.2024 passed by the learned Additional Principal Judge, Family Court, Varanasi in Maintenance Case No. 154 of 2019 under section 125 Cr.P.C. whereby opposite party has been directed to pay Rs. 8000/- per month and Rs. 5000/- per month as interim maintenance to the revisionists who iare wife and his minor daughter. 2. Heard learned counsel for the revisionist, learned counsel for the respondent no. 2 and learned AGA for the State. 3. Learned counsel for the revisionist submitted that marriage of the revisionist was solemnized with the opposite party on 6.6.2010 according to Hindu rites and rituals and couple were blessed with a girl child on 7.3.2012 whose name is Kumari Aarya. The matrimonial relationship between the spouse remained normal for two years but thereafter the opposite party and his family members started harassing and teasing her on account of non fulfillment of demand of additional dowry. On 6.8.2018 the applicant was turned out by his husband and in-laws from her matrimonial house after giving her beating, she anyhow reached at her parental place and told the incident to her parents. 4. The revisionist had filed interim maintenance which has been partly allowed by the impugned order passed by learned court below but in spite of the fact that learned court below has recorded the finding that affidavit of disclosure of assets and liability filed by the opposite party in terms of judgement of Hon'ble Supreme Court in Rajnesh vs. Neha, AIR 2021 SC 569, his salary is shown as Rs. 74471/-. He has taken loan to the tune of Rs. 29.6 lakh and 7 lakh. He has shown therein that he has paid Rs. 6000/- per month to the domestic helper, Rs. 30,000/- as installment of housing loan. He is paying Rs. 10,000/- per month in the maintenance proceedings under the domestic violence act. It is next submitted that the amount of interim maintenance for a sum of Rs. 13000/- per month is not sufficient for meeting necessary expenses of revisionist and her minor daughter who is pursuing Research (PhD). The respondent no. 2 is head master on a Government School. She is is entitled to get maintenance so that she could be able to maintain herself according to standard of living which she was accustomed to live when she was residing with the revisionist at her matrimonial home. The amount of maintenance awarded in the impugned order is liable to be enhanced substantially. 5. Per contra, learned counsel for the respondent no. 2 submitted that by the impugned order Rs. 13,000/- has been awarded as interim maintenance to maintain revisionist and her minor daughter. It is directed in the impugned order that any maintenance obtained by applicant shall liable to be adjustment towards maintenance awarded in the impugned order. He next submitted that the case is on the stage of final decision as evidence of opposite party has also been recorded and final order is yet to be passed with regard to claim of maintenance by the revisionist. He also submitted that although gross salaried income of the opposite party Rs.74,471/- per month but he had to pay substantial share of salaried income towards repayment of loan which has been taken under various heads, therefore, no enhancement is called for in amount of maintenance awarded in the impugned order. 6. Considering the rival submissions of the parties, fact and circumstances of the social and financial status of the back ground of the parties and other liabilities, I am of the considered opinion the amount of maintenance awarded in the order is insufficient meeting necessary expenses of the revisionist as well as her minor daughter and same is liable to be enhanced in present revision. 7. Consequently, it is directed that amount of maintenance awarded in the impugned order to the revisionist is enhanced from Rs. 8000/- per month to Rs. 15,000/- per month but the amount of maintenance awarded to her minor daughter Rs. 5000/- is not interfered with. The impugned order stands modified accordingly. 8. The instant criminal revision is partly allowed. Order Date :- 11.3.2025 SY Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad